A concerning trend of "artificial vacancies" is undermining Kenya's public service, where lawfully occupied positions are being re-advertised without public consultation. This practice bypasses constitutional values of public participation and transparency.

• Article 10 and Article 232 of the 2010 Constitution mandate public participation and transparency in public service appointments.
• The Commission on Administrative Justice received 813 complaints against public institutions in 2025, with 72% pending resolution.
• The Employment and Labour Relations Court has previously quashed unconstitutionally created vacancies, as seen in a case against the County Assembly of Laikipia.
• The article argues for strengthening the Ombudsman's enforcement powers to prevent citizens from needing to resort to costly litigation.