By Anchor Writers
The Machakos County Assembly today rejected Governor Wavinya Ndeti’s nominee for the position of County Attorney.
The rejection was based on the fact that the nominee was utterly unqualified to discharge the role of the County Law Chief.
The committee then declared that the candidate- Mr. Justus Komboi Mulwa -does not meet the minimum legal threshold required for appointment.
The decision followed a vetting session held last Tuesday, February 24, 2026, at the Assembly Chambers, where members of the Committee on Appointments, chaired by Speaker Anne Kiusya, grilled Mr. Mulwa over his suitability for the post.
Other members of the Assembly Committee of Appointments are Peter Kilonzo, Francis Kavyu, Brian Kisila, Francis Kitaka, Nicholus Nzioka, Stephen Mwanthi, Jackson Ndaka and Winfred Mutua.
Governor Ndeti had forwarded Mulwa’s name to the Assembly pursuant to Article 196(1)(a) of the Constitution of Kenya, Section 7 of the Public Appointments (County Assemblies Approval) Act, 2017, and Section 5(1) of the Office of the County Attorney Act, 2020.
However, during the vetting process, the Committee established that the nominee does not meet the statutory requirement of at least five years’ post-admission experience as an advocate of the High Court of Kenya.
According to documents tabled before the Committee, Mr. Mulwa has approximately three and a half years of legal practice since admission to the Bar — falling short of the five-year threshold prescribed by law. Sources told The Anchor that the candidate and his handlers were counting his longevity as an advocate from the year he was admitted to the Bar, rather that when acquired his practicing certificate.
The position of County Attorney requires a holder to be an advocate of the High Court of Kenya with no less than five years’ standing, among other qualifications. The official is the governor’s Chief Legal Advisor, sits in the cabinet as an ex-official and also doubles up as Legal Advisor to entire government departments and the assembly as well- meaning that the positon should never be occupied by a near-do-well or a greenhorn for that matter.
The rejection marks a turning point in the relationship between the Assembly and the Executive as it marks the first time the assembly has rejected an unqualified nominee of the governor. Previously, the nominees have been approved without scrutiny, flooding the government with loads of undeserving appointees.
The Assembly is now expected to formally communicate its decision in accordance with procedural requirements.
Background
The vacancy arose following the ouster of former County Attorney Mr. J. Kathili in November 2024, a move that triggered legal and political debate within Machakos County. Since then, the office has operated without a substantive holder, amid growing scrutiny over legal compliance in county operations.
The rejection of the nominee now sets the stage for a fresh nomination process — and raises fresh questions about due diligence at the Governor’s office before forwarding names to the Assembly.
For a legal office tasked with safeguarding the county from costly litigation and procedural missteps, the bar — quite literally — is not optional.
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