The High Court of Kenya has issued an interim conservatory order suspending the reappointment of members of the Kenya Electricity Transmission Company (KETRACO) Board, pending further directions.
Court Ruling
Justice Lawrence Mugambi directed that any gazette notice appointing or reappointing members of the current board be retained and suspended until the next mention date, unless the court extends the orders.
“An interim conservatory order lasting up to the next mention date unless extended by this court shall issue restraining or suspending any gazette notice reappointing the members of the current board who may be due for reappointment for the board of KETRACO,” Justice Mugambi ruled.
The judge further ordered that the matter be heard within 20 days.
Petition Against the Board
The ruling follows a petition filed by Benjamin Okumu, who accuses the KETRACO Board of violating constitutional provisions on national values and principles of governance, particularly inclusivity and ethnic diversity in public appointments.
Okumu alleges that the board oversaw recruitment processes that disproportionately favored one ethnic community. According to the petition, five out of eight senior executive positions are currently held by individuals from a single community, representing about 63 percent of the Executive Committee of Management (EXCOM).
The petition also claims that following the appointment of the current board, several senior executives were dismissed and replaced within a short period, further skewing representation.
Allegations of Bias
Okumu specifically accuses Mercylynate Chepkirui, head of the Board’s Human Resource Committee, of enabling the dismissal of non-Kalenjin managers.
“Given the outcome of the recruitment processes, the Petitioner avers that interference, bias and ethnic favouritism by the Chairperson of the Committee and the Board as a whole cannot reasonably be ruled out,” the court documents state.
Constitutional Concerns
The petitioner argues that the alleged actions contravene constitutional requirements on fair competition, merit, and representation of Kenya’s diverse communities in public service.
Conclusion
The suspension of the KETRACO Board reappointments underscores the judiciary’s role in safeguarding constitutional principles of inclusivity and fairness in public institutions. As the matter proceeds to full hearing, the case is expected to spark wider debate on diversity and governance in Kenya’s state corporations.
