The High Court has put on hold the appointment of three individuals to the board of Kenya Electricity Transmission Company Limited (KETRACO), pending the determination of a case questioning the legality of their selection.
In orders issued on Wednesday, the court suspended the implementation of Gazette Notices No. 8032 and 8033 dated May 29, 2026, which named Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola as directors of the state corporation.
The ruling also bars the three from carrying out any duties associated with the board positions until the matter is heard and determined.
Further, the court froze any resolutions made by the KETRACO board in which the three appointees participated or were present from May 29, 2026, pending further proceedings.
The decision follows a petition filed by Issa Elanyi Chamao, who is challenging the recruitment process.
According to court documents, the petitioner argues that the appointments contravened provisions of the Government-Owned Enterprises Act, 2025.
“The positions was already publicly advertised by the National Treasury for competitive recruitment through the Government-Owned Enterprises Boards Search and Selection Panel,” said Chamao.
However, he claims the Energy Cabinet Secretary proceeded to make direct appointments before that process was concluded.
The petition further argues that the move compromised an ongoing statutory recruitment exercise and violated constitutional principles relating to transparency, accountability, good governance and fair administrative action.
As part of the court’s directions, the petitioner has been ordered to serve all respondents with the application, petition and court orders within three working days.
The respondents will then have seven days to file their responses, after which the petitioner may submit a rejoinder if necessary.
The case is scheduled for mention on June 24, 2026, when the court will issue further directions on the matter.
For now, the ruling effectively prevents the three appointees from taking part in KETRACO’s affairs, setting the stage for a legal examination of how appointments to state corporation boards should be conducted and the extent to which public institutions must adhere to competitive recruitment procedures.
