By The Anchor Writers
The County Government of Machakos has plunged into a fresh legal and governance storm following the controversial appointment of an “Acting County Solicitor”.
It comes barely a day after the abrupt resignation of substantive holder Juliet Nthambi.
A letter dated March 24, 2026, signed by County Secretary Dr. Muya Ndambuki, appoints Mr. Erastus Kilonzo Mutua—an Assistant Director in Administration within the Finance Department—as Acting County Solicitor with immediate effect.
But governance watchdogs say the appointment flies in the face of the law.
At the heart of the controversy is Section 17 of the Office of the County Attorney Act, which provides a clear and structured process for appointing a County Solicitor.
The law states that the position must be competitively recruited and appointed by the County Public Service Board,- not the County Secretary-and only individuals with at least five years’ experience as an Advocate of the High Court of Kenya qualify.Crucially, the Act does not provide for an “acting” County Solicitor.
This omission has triggered sharp debate, with critics arguing that the County Secretary may have acted outside the law by unilaterally installing an acting officeholder—particularly one whose background is not rooted in the County Attorney’s office.
“This is not a position you can fill administratively or casually. The law is explicit,” Fred Lau a seasoned voice in governance issues who is familiar with county governance frameworks told The Anchor.
Further raising eyebrows is the profile of the appointee.Mr. Mutua, a lawyer who is understood to be serving in the Finance Department as Assistant Director of Administration hardly executes legal assignments and has not served substantively within the legal department.
It remains unclear whether he meets the statutory threshold of five years’ experience as an advocate, a mandatory requirement under the law.
The unusual placement of a finance official into a top legal advisory role has fueled speculation of deeper institutional strain within the county government.
The appointment comes just one day after the resignation of County Solicitor Juliet Nthambi, pictured in this article, who quit abruptly on March 23.
Nthambi confirmed her departure to The Anchor but declined to respond on whether it had anything to do with pressure to bribe a magistrate to secure the release of the Finance CO Julius Kasanga from weekend custody.
While official communication on her departure remains scant, social media platforms have been awash with claims that she stepped down in protest.
Unverified reports suggest she resisted pressure to procure court orders to secure the release of Mr. Kasanga, who was reportedly in custody over failure to settle a county debt.
If true, the claims point to a troubling intersection between legal offices and political pressure—raising broader concerns about the independence of county legal structures.
A recent bid by the Wavinya Ndeti administration to appoint an Unqualified person to fill the vacancy of County Attorney was rejected by the Machakos County Assembly.
This issue brings governance and rule of law concerns at stake within Wavinya’s administration.
The unfolding situation now places the spotlight squarely on governance practices within Machakos County.
Key questions by The Anchor remain unanswered:Can an “acting” County Solicitor be lawfully appointed;Does the County Secretary have the authority to make such an appointment?Was due process followed in replacing a critical legal officeholder?And what circumstances led to the sudden exit of the substantive solicitor? Dr Ndambuki did not respond to our inquiries as to the legal basis of his appointing of the acting county solicitor- a culture that stretches across the county government.
As scrutiny continues, legal experts warn that any decisions or legal actions undertaken under an improperly constituted office could face serious challenges in court.The controversy adds to a growing list of governance concerns within the county, particularly around financial management and legal compliance.
With a senior finance official reportedly at the center of both the legal dispute and the alleged pressure campaign, the lines between administrative authority and legal process appear increasingly blurred.
The dispute raises fundamental questions about adherence to the rule of law within devolved governments.
Whether the appointment stands or is overturned may well set a precedent—not just for Machakos, but for county governments across Kenya navigating the delicate balance between administrative convenience and legal compliance.