The High Court temporarily suspended the appointment of three directors to the board of the Kenya Electricity Transmission Company (KETRACO), pending the hearing of a petition challenging the legality of their recruitment under the Government-Owned Enterprises (GOE) Act, 2025.
Justice David Mburu on Wednesday certified the matter as urgent and issued conservatory orders barring Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola from discharging any duties as KETRACO board members until the case is heard inter partes on June 24.
The court also suspended all resolutions passed by the KETRACO board in which the three appointees participated from May 29, when their appointments took effect through Gazette Notices No. 8032 and No. 8033.
The orders followed a petition filed by Issa Elanyi Chamao, Patrick Karani Ekirapa and Paul Ngweywo Kirui, who argue that the appointments were made in violation of the Government-Owned Enterprises Act and constitutional requirements governing public appointments.
According to court documents, the dispute stems from a recruitment process initiated by the National Treasury on May 18, 2026.
Through a public advertisement, the Treasury invited qualified Kenyans to apply for positions of independent directors in several state-owned enterprises, including KETRACO, with applications set to close on May 29.
However, the petitioners contend that on the same day the application window closed, Energy and Petroleum Cabinet Secretary Opiyo Wandayi published gazette notices appointing Rotich, Gatwiri and Ochola to the KETRACO board.
They argue that the appointments were made before the completion of the competitive recruitment process established under the GOE Act.
In the petition, the applicants claim that while members of the public were still submitting applications for the advertised positions, the vacancies had already been filled through the gazette appointments, rendering the recruitment exercise meaningless.
Through their lawyer Peter Wanyama of Manyonge Wanyama & Associates LLP, the petitioners argue that the appointments violated provisions of the GOE Act requiring a transparent, competitive and merit-based selection process.
They further allege breaches of Articles 10, 27, 47, 73 and 232 of the Constitution, which guarantee good governance, equality before the law, fair administrative action, integrity in leadership and public service values.
The petitioners contend that the appointments unlawfully bypassed the Government-Owned Enterprises Boards Search and Selection Panel, the independent body established under the Act to oversee recruitment of directors to state-owned enterprises.
The Government-Owned Enterprises Act, which came into force in 2025, introduced sweeping reforms aimed at improving governance and accountability in state corporations.
The law requires independent directors to be recruited through an open and competitive process before nomination and appointment.
The petitioners have sued the Cabinet Secretary for Energy and Petroleum, the Cabinet Secretary for the National Treasury, KETRACO and the Attorney-General.
The Government-Owned Enterprises Boards Search and Selection Panel has been listed as an interested party alongside the three appointed directors.
Justice Mburu directed that the petition, application and court orders be served within three working days.
The respondents have been granted seven days to file their responses, after which the petitioners may file rejoinders.
The matter will be mentioned on June 24 for further directions.
The petitioners are seeking declarations that the appointments are unconstitutional and unlawful, orders quashing the gazette notices that appointed the three directors, and directives compelling the completion of the recruitment process in accordance with the GOE Act.
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