The High Court has halted the appointment of three members to the board of the Kenya Electricity Transmission Company (KETRACO) after a petition challenged the legality of their recruitment under the Government-Owned Enterprises (GOE) Act, 2025.
In orders issued on Wednesday, Justice David Mburu certified the case as urgent and barred Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola from carrying out any functions as KETRACO directors pending the hearing of the matter.
The court further suspended all decisions made by the KETRACO board involving the three appointees since May 29, the date their appointments took effect through Gazette Notices No. 8032 and No. 8033.
The case was filed by Issa Elanyi Chamao, Patrick Karani Ekirapa and Paul Ngweywo Kirui, who contend that the appointments were undertaken contrary to both the Constitution and the provisions of the GOE Act governing appointments to state-owned enterprises.
According to the petition, the National Treasury launched a recruitment process on May 18 through a public advertisement inviting applications for independent director positions across several state corporations, including KETRACO.
The application deadline was set for May 29.
However, the petitioners argue that on the very day the application period closed, Energy and Petroleum Cabinet Secretary Opiyo Wandayi proceeded to appoint Rotich, Gatwiri and Ochola to the KETRACO board through gazette notices.
They maintain that the appointments effectively pre-empted the recruitment exercise, defeating the purpose of the competitive selection process required by law.
The petitioners claim that while members of the public were still responding to the Treasury’s advertisement, the positions had already been filled, rendering the recruitment process a mere formality.
Through advocate Peter Wanyama of Manyonge Wanyama & Associates LLP, they argue that the appointments violated statutory requirements for transparency, competitiveness and merit-based recruitment.
The petition also alleges violations of Articles 10, 27, 47, 73 and 232 of the Constitution, which set out principles of good governance, equality, fair administrative action, leadership integrity and public service values.
Central to the challenge is the claim that the appointments bypassed the Government-Owned Enterprises Boards Search and Selection Panel, the body established under the GOE Act to oversee the recruitment of directors to state-owned enterprises.
The Government-Owned Enterprises Act, which came into force in 2025, introduced reforms intended to strengthen governance, accountability and transparency in state corporations by requiring open and competitive recruitment of independent directors.
The petition names the Cabinet Secretary for Energy and Petroleum, the Cabinet Secretary for the National Treasury, KETRACO and the Attorney-General as respondents.
The Government-Owned Enterprises Boards Search and Selection Panel, together with the three appointed directors, has been joined to the proceedings as interested parties.
Justice Mburu directed the petitioners to serve the court papers and orders within three working days.
The respondents were granted seven days to file their responses, after which the petitioners may submit rejoinders.
The matter is scheduled for mention on June 24 for further directions.
Among the remedies sought, the petitioners want the court to declare the appointments unconstitutional and unlawful, quash the gazette notices effecting the appointments, and compel the completion of the recruitment process in accordance with the requirements of the GOE Act.
