The High Court has suspended the appointment of three directors to the board of Kenya Electricity Transmission Company Limited (KETRACO) pending the hearing and determination of a petition challenging the legality of their recruitment.
In conservatory orders issued after certifying the matter as urgent, the court stayed the implementation of Kenya Gazette Notices No. 8032 and 8033 dated May 29, 2026, which appointed Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola as members of the KETRACO Board of Directors.
The court further barred the three appointees from performing any functions as directors of the State corporation until the application is heard inter partes and further orders are issued.
In addition, the court suspended the implementation of all resolutions made by or in the presence of the three appointees on behalf of KETRACO from May 29, 2026, pending the hearing of the case.
The orders arise from a petition filed by Issa Elanyi Chamao, who argues that the appointments were made in contravention of the Government-Owned Enterprises Act, 2025.
According to court documents, the positions had already been advertised by the National Treasury through the Government-Owned Enterprises Boards Search and Selection Panel for competitive recruitment. The petitioner contends that despite the ongoing recruitment process, the Cabinet Secretary for Energy and Petroleum proceeded to appoint the three individuals directly on the same day applications for the positions were scheduled to close.
Chamao argues that the appointments undermined a statutory recruitment process and violated constitutional principles of transparency, accountability, good governance, public participation and fair administrative action.
The petitioner is seeking the nullification of the appointments and a declaration that the recruitment process must comply with the requirements of the Constitution and the Government-Owned Enterprises Act.
The court directed that the petition, application and orders be served upon all respondents within three working days. The respondents have been granted seven days from the date of service to file and serve their responses, while the petitioner may file a rejoinder thereafter.
The matter is scheduled for mention on June 24, 2026, for further directions.
Pending the hearing of the dispute, the three appointees will remain barred from participating in the affairs and decision-making processes of KETRACO.
