The Employment and Labour Relations Court has barred three newly appointed members of the Kenya Electricity Transmission Company (Ketraco) board from performing their duties, pending the hearing and determination of a petition challenging their appointment.
The court, while certifying the case as urgent, also suspended all board resolutions passed in the presence of Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola.
The trio was appointed by Energy Cabinet Secretary Opiyo Wandayi through a gazette notice dated May 29, 2026 despite an ongoing recruitment process for the positions.
Energy and Petroleum Cabinet Secretary Opiyo Wandayi.
Photo credit: Dennis Onsongo | Nation Media Group
Petitioners Paul Kirui, Issa Elanyi and Patrick Karani Ekirapa argue that the appointments unlawfully pre-empted a recruitment process already underway under the Government-Owned Enterprises Act, 2025.
The court restrained the three from performing the functions of Ketraco's board of directors based on Gazette Notice No. 8032 of May 29, 2026. The matter will be mentioned on June 24 for directions.
The petitioners contend that the appointments took effect on the same day applications for the advertised positions were due to be submitted to the National Treasury, effectively rendering the recruitment exercise meaningless.
"While members of the public were still exercising their lawful right to participate in a statutory recruitment process, the Cabinet Secretary had already purported to fill the positions," they state in court documents.
According to the petitioners, the appointments were intended to circumvent and defeat the recruitment process established under the new law. They argue that the move undermines transparency, accountability and integrity in public appointments and unlawfully usurps the mandate of the Government-Owned Enterprises Boards Search and Selection Panel.
The petition further claims that by making the appointments outside the statutory framework, the Cabinet Secretary acted beyond his legal authority.
In an affidavit, Mr Elanyi says Ketraco is subject to the governance and board appointment provisions of the Government-Owned Enterprises Act, 2025. He notes that on May 18, Treasury advertised vacancies for independent directors in several state-owned enterprises, including Ketraco.
The advertisement invited qualified members of the public to apply through the Government-Owned Enterprises Boards Search and Selection Panel, with applications due by May 29.
The petitioners argue that the Act was enacted to promote efficient, transparent and merit-based management of state corporations while shielding board appointments from arbitrary and politically motivated decisions.
"The legislation sought to ensure that appointments to boards of Government-Owned Enterprises are conducted through a transparent, competitive and merit-based process consistent with constitutional values and principles of public service," Mr Elanyi states.
