In his response, Meja claims he became aware of a March 12, 2026, court order only after attending a scheduled stakeholder validation forum on March 23.
He argues that the Commission immediately halted further action upon learning of the ruling, stressing there was no deliberate defiance of the court’s directives.
In an affidavit, Meja explained that the validation forum had been scheduled well in advance and coincided with the PSC’s nationwide recruitment exercise for Vocational and Technical Trainers. Only the Chairperson, a few Commissioners, and the Commission Secretary were available to attend the forum.
“Upon learning of the court orders, we convened a Commission meeting and decided not to proceed with the exercise or take any further steps until directed by the court,” Meja says
The PSC Chair also challenged the contempt application on procedural grounds, noting the absence of a Notice to Show Cause, no charge sheet, and no legal basis for the six-month sentence sought by the petitioner.
Meja further pointed out that the Commission has faced multiple legal challenges on the same matter since 2024, including cases filed by Fredrick Bikeri and the Law Society of Kenya. All were either dismissed, struck out, or withdrawn, affirming the Commission’s constitutional mandate to conduct public participation exercises on the draft regulations.
The petition, filed under KSM HC Pet. No. E008 of 2026, accuses senior PSC officials of defying court orders by proceeding with the online validation forum.
Petitioner Jane Onyango argues that the forum was a deliberate and willful disobedience of a lawful court order, undermining the authority and dignity of the judiciary.
According to court documents, the petitioner served the court orders and supporting documents on March 16, 2026, both physically and via email, and filed an affidavit of service confirming compliance. Despite this, the Commission proceeded with the validation forum, a critical step in advancing the disputed regulations.
Those named in the application include Commissioners Mary W. Kimonye, Joan A. Machayo, Dr. Irene C. Asienga, Molu Boya, Mwanamaka Amani Mabruki, Harun Maalim Hassan, Dr. Francis Otieno Owino, Jacqueline Manani, and the Commission’s Chief Executive Officer, Paul Famba.
Through lawyer Festus Onyango, the petitioner is seeking a court order to summon the officials to appear in person and show cause why they should not be cited and punished for contempt of court.
