The High Court in Nairobi has suspended the Institution of Engineers of Kenya (IEK) the nomination of members to the Engineers Board of Kenya after a petitioner questioned whether the process was properly authorised.

Justice Gregory Mutai issued conservatory orders suspending the nomination exercise launched through an Expression of Interest published by IEK on August 25, 2026.

The judge barred IEK, its council, officials, committees, agents and representatives from shortlisting, selecting, nominating or forwarding names to the cabinet secretary for roads and transport.

The cabinet secretary was also restrained from approving, appointing or gazetting anyone selected through the disputed process until the court determines the matter.

The case was filed by Francis Awino, who argues that the nomination exercise may have been initiated without a formal approval of the newly elected IEK Council.

According to Awino, the new council assumed office on August 19, but to his knowledge, it had not held a meeting or passed a resolution authorising the nomination process before IEK issued the Expression of Interest six days later.

He wants the court to determine whether the body that commenced the process had the legal authority to do so under the IEK Constitution and the Engineers Act.

“The petitioner questions whether the organ that initiated the process had the requisite authority,” the court noted in considering the application.

Awino further argued that the process was moving too fast, with candidates given until August 28 to submit applications. He said this created a risk that shortlisting and nominations would be completed before the court could determine the legality of the exercise.

The petitioner has also raised a separate concern over an earlier list of nominees that IEK submitted to the relevant authorities on November 19, 2025.

He argues that the status of that list remains unresolved and that launching another process could create competing lists of nominees and potentially result in conflicting appointments to the engineers’ board.

Awino has asked the court to preserve the position until the dispute over the legality of the nomination process is resolved. His application was certified as urgent and allowed to proceed during the court vacation.

Justice Mutai directed Awino to serve the application on the respondents and interested party within seven days, while the respondents were given 14 days to respond.

The matter will be heard inter-partes on October 26, 2026, before Justice Aburili.

The conservatory orders will remain in force until the inter-partes hearing, meaning IEK cannot proceed with the contested nomination process in the meantime.

• A Tell Media report / By Elizabeth Were