NAIROBI, Kenya, June 11 – The High Court has temporarily halted the appointment of three directors to the board of the Kenya Electricity Transmission Company (KETRACO) and suspended board resolutions made with their participation, pending the hearing of a petition challenging their appointment.
In orders issued by Justice David Mburu, the court stayed the implementation of Kenya Gazette Notices No. 8032 and 8033 published on May 29, 2026, effectively barring Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola from performing any functions as members of the KETRACO Board.
The ruling also suspended all board resolutions made by or in the presence of the three appointees from May 29 to date, introducing uncertainty over decisions taken by the board during the period.
“Pending inter partes hearing of the application, a conservatory order is hereby issued staying the implementation of Kenya Gazette Notice No. 8032 and Kenya Gazette Notice No. 8033 dated May 29, 2026, and specifically restraining Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola from performing the functions of members of the Board of Directors of Kenya Electricity Transmission Company Limited.”
“Pending the inter partes hearing of this application, a conservatory order is hereby issued suspending all Board resolutions made by or in the presence of Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola in the name of Kenya Electricity Transmission Company Limited or its Board of Directors from the period dated May 29, 2026 to date.”
The court certified the application as urgent after a preliminary consideration of the petition, notice of motion and supporting affidavit filed by the petitioners.
While the ruling does not disclose the substantive grounds of the challenge, the conservatory orders effectively preserve the status quo until all parties are heard and the court determines whether the appointments complied with applicable legal and constitutional requirements.
KETRACO is a strategic state-owned enterprise responsible for planning, developing, operating and maintaining Kenya’s high-voltage electricity transmission network. The company plays a critical role in connecting power generation projects to the national grid and implementing regional electricity interconnection projects aimed at improving energy security.
The respondents have been directed to file and serve their responses within seven days of service, while the petitioners may file rejoinders if necessary.
The matter is scheduled for mention on June 24, 2026, when the court is expected to issue further directions on the hearing of the application and the substantive petition.
The court also warned that any disobedience or non-observance of the orders would attract penal consequences against those found to be in breach.
