COFEK challenges Meja’s nomination as PSC chair, cites constitutional breach

The Consumer Federation of Kenya (COFEK) has urged President William Ruto to rescind the nomination of Francis Meja as chairperson of the Public Service Commission (PSC), arguing that the appointment process is unconstitutional and could undermine the independence of the commission.

COFEK secretary general Stephen Mutoro said Meja’s nomination violates the Constitution because he is currently serving as a PSC commissioner, a position defined as a State office under Article 260. Article 233(3)(b) bars a serving State officer from being appointed as a member or chairperson of the PSC.

“The offices of PSC chairperson and commissioner are distinct constitutional positions, each requiring a separate and fully compliant appointment process. Allowing a sitting commissioner to compete for and be promoted to chairperson without first vacating office undermines this distinction and weakens internal accountability,” Mutoro said.

The controversy follows the exit of former PSC chairperson Antony Muchiri, whose term ended after he was appointed Kenya’s ambassador to Turkey.

President Ruto subsequently constituted a selection panel that advertised the vacancy, shortlisted candidates, and recommended Meja for appointment.

However, the advertisement explicitly disqualified applicants holding any State office, a condition COFEK says was breached.

Meja joined the PSC as a commissioner in January 2025. As of January 29, 2026, the PSC website listed him among its serving commissioners.

COFEK argues that his nomination as chairperson while still occupying a commissioner role raises questions about the legality and integrity of the recruitment process.

President Ruto formally nominated Meja on January 21, 2026, through Notification of Presidential Action No. I of 2026. Chief of Staff and Head of the Public Service, Felix K. Koskei, described the move as being “in discharge of the constitutional imperatives on State appointments.”

The nomination has since been transmitted to the National Assembly, which is now tasked with vetting and approving Meja before he can assume office.

Mutoro warned that allowing Meja’s appointment without following constitutional procedures could enable him to serve beyond the fixed, non-renewable six-year term for PSC members.

“This is not about the personal qualifications of the nominee, but about a flawed and unconstitutional process,” he said, citing Articles 233, 248, and 260 of the Constitution.

Meja’s public service record spans several senior leadership positions. He is the founding Director-General of the National Transport and Safety Authority (NTSA) and has served as Registrar of Motor Vehicles in the Ministry of Transport.

In November 2023, he was appointed to the Council of Murang’a University of Technology, a three-year term which ended in January 2025 upon his swearing-in as PSC commissioner.

Beyond public service, Meja has more than 15 years of experience in banking and financial services, holding management positions at Equity Bank Kenya PLC and the Housing Finance Company of Kenya (HFCK). He also holds a Master of Business Administration in Strategic Management from the University of Nairobi.

Meja has previously pursued elective politics. In 2022, he sought the United Democratic Alliance (UDA) nomination for the Kajiado governor seat but lost in the primaries to Katoo ole Metito, who garnered 72,679 votes to Meja’s 13,097.

COFEK is now seeking judicial intervention to review the nomination process before Parliament proceeds with vetting, warning that failure to act could irreversibly damage public confidence in independent constitutional commissions.

The nomination process is still ongoing. The National Assembly must vet and approve Meja before he can officially assume the PSC chairperson role, ensuring that the constitutional procedures governing State appointments are fully respected.