The High Court has temporarily halted the Institution of Engineers of Kenya’s (IEK) process of selecting nominees to the Engineers Board of Kenya (EBK), pending an inter partes hearing of a constitutional petition challenging the process.
Justice Gregory Mutai issued the conservatory orders on August 31, 2026, after considering an application filed by Francis Awino in a petition against the State Law Office, IEK and other parties.
The court specifically suspended the implementation, continuation or completion of the nomination exercise initiated through an Expression of Interest issued by IEK on August 25, 2026.
IEK has also been barred from shortlisting, selecting or nominating candidates, or forwarding any names to the Cabinet Secretary responsible for engineering matters, until the application is heard between the parties. The Cabinet Secretary has similarly been restrained from acting on, approving, appointing or gazetting anyone nominated through the contested process.
The dispute concerns the process through which IEK nominates engineers for appointment to the EBK Board. Under Section 5(1)(g) of the Engineers Act, IEK is required to nominate three people representing different engineering disciplines, with the final appointment resting with the Cabinet Secretary.
The IEK Expression of Interest states that the exercise was intended to provide a “fair, transparent, competitive and merit-based process” for identifying the three nominees. It also required applicants to meet various professional and governance requirements, including being registered professional engineers with valid practising licences and having at least 10 years of post-graduation engineering experience.
Awino’s petition challenges, among other matters, the legality of the nomination process and refers to an earlier nomination submitted to the Cabinet Secretary on November 19, 2025. The application argues that the matter requires determination before a fresh process is allowed to proceed.
The petition also raises concerns over what it describes as the failure, refusal or neglect by the relevant respondents to properly constitute and operationalise the Engineers Board of Kenya, as well as the subsequent re-initiation of the nomination process.
The court has, however, not made a final determination on the merits of these allegations.
Justice Mutai directed that the application dated August 28, 2026 be served on the respondents and interested party within seven days. They have 14 days after service to respond, followed by further timelines for submissions.
The application is scheduled for an inter partes hearing before Justice Aburili on October 26, 2026.
