The High Court has struck out a petition seeking the removal of Kenya Reinsurance Corporation Managing Director Hillary Wachinga, ending a legal challenge to his leadership and lifting orders that had frozen recruitment for 12 senior positions.
The court upheld Kenya Re’s preliminary objection, ruling that petitioner Brian Ochieng had failed to exhaust statutory mechanisms for addressing his grievances against Dr Wachinga, General Manager Ruth Ngugi and the reinsurer.
“The petitioner has not brought themselves within the exceptions to the doctrine of exhaustion,” the court said. Mr Ochieng filed the petition on July 10 in the public interest, alleging that Dr Wachinga had abused his powers and was unfit to hold public office.
Among his complaints was an alleged change of Kenya Re’s human resource repository email from [email protected] to [email protected]
The petition also challenged alleged cancellation and unilateral review of tenders, harassment and bullying of employees, delegation of duties without board approval, and payments made to or on behalf of Dr Wachinga.
Mr Ochieng sought orders requiring Dr Wachinga to refund Sh500,000 that Kenya Re allegedly paid for a fine imposed by the Commission on Administrative Justice. He also sought repayment of USD43,478 for training he alleged the managing director attended while suspended by the Kenya Re board.
Other complaints concerned salary during suspension, staff redeployments, travel and loans.
Kenya Re and the other respondents opposed the petition and filed a preliminary objection on July 27, arguing that the grievances should first be handled through administrative and statutory mechanisms.
The respondents pointed to the Public Procurement Regulatory Authority and the Commission on Administrative Justice. The court also heard that some of the issues were already before the Court of Appeal.
On the allegations concerning the integrity and suitability of Dr Wachinga and Ms Ngugi, the court said the Ethics and Anti-Corruption Commission had the mandate to deal with the complaints under Chapter Six of the Constitution. It also found that procurement and administrative grievances had alternative statutory mechanisms.
The ruling lifted earlier orders barring Kenya Re, Dr Wachinga and Ms Ngugi from interviewing applicants, processing applications and issuing employment contracts for the positions advertised on June 4.
The vacancies include three general manager posts, senior executive positions in Tanzania and Zambia, underwriting and audit roles, a senior project officer and an executive analyst.
Dr Wachinga argued that the recruitment was necessary to strengthen Kenya Re’s operations and support regional expansion. The group has subsidiaries in Uganda, Zambia, Côte d’Ivoire and India and is establishing another in Tanzania.
The court also expunged an affidavit sworn by Dr Wachinga on August 21 after finding it had been filed without permission.
Kenya Re’s audited 2025 financial statements show the government owns 60 per cent of the reinsurer, while the public holds 40 per cent through the Nairobi Securities Exchange. The group reported a Sh3.92 billion profit in 2025.
