The Employment and Labour Relations Court has issued conservatory orders restraining the Kiambu County Government from dismissing specialist doctors who are members of the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU).

Lady Justice Hellen Wasilwa, issued conservatory orders restraining the county from proceeding with the disputed recruitment pending the hearing and determination of a petition filed by Dr Gathoni Njeri Muriithi, an obstetrician and gynaecologist.

Muriithi moved to court, accusing the county of conducting interviews and shortlisting candidates before the advertised application deadline had lapsed. In her affidavit, she stated that upon visiting the county offices earlier this month, she discovered that interviews had already been scheduled for October 13, even though the application window was still open until October 15.

The petitioner claimed that the county had gone further to publish the names of shortlisted candidates and invite public comments by October 10, suggesting that the selection process had been concluded prematurely and contrary to due procedure.

Her lawyer, Henry Kurauka, told the court that the recruitment process violated several constitutional provisions, including Articles 27, 41, and 47, which guarantee equality and freedom from discrimination, fair labour practices, and fair administrative action.

He argued that the county's actions were unlawful, unfair, unreasonable, and in bad faith, and that they had undermined the integrity of public service recruitment.

Dr Muriithi, who holds a Bachelor of Medicine and Bachelor of Surgery from the University of Nairobi and a Master of Medicine in Obstetrics and Gynaecology, said she was placed in an "impossible situation" of applying for a position after interviews had allegedly already taken place.

Justice Wasilwa, while certifying the case as urgent, ruled that the petitioner had established a prima facie case warranting the court's intervention.

The judge noted that the matter raised serious questions on administrative fairness and transparency in county-level employment practices.

"The orders are meant to preserve the status quo and prevent irreparable harm pending the hearing of the petition," the court directed.

The ruling means Kiambu County cannot proceed with its current recruitment exercise or terminate existing specialists until the matter is heard and determined.

The case will be mentioned inter partes on October 28, 2025.