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High Court Suspends KETRACO Board Reappointments Over Ethnic Bias Claims

Justice Lawrence Mugambi directed that any Gazette notice seeking to appoint or reappoint members of the current board be suspended until the next mention date, unless the court extends the orders.

NAIROBI, Kenya, Feb 24 – The High Court has temporarily halted the reappointment of members to the Board of Kenya Electricity Transmission Company (KETRACO), issuing an interim conservatory order pending further directions.

In the ruling, Justice Lawrence Mugambi directed that any Gazette notice seeking to appoint or reappoint members of the current board be suspended until the next mention date, unless the court extends the orders.

The judge ordered that the interim conservatory orders remain in force until the matter is mentioned again and emphasized that the case should be heard and determined within 20 days.

The decision follows a constitutional petition filed by Benjamin Okumu, who alleges that the KETRACO Board has violated constitutional principles on national values and governance, particularly regarding inclusivity and ethnic diversity in public appointments.

According to court filings, Okumu claims the board presided over recruitment and appointment processes that heavily favored one ethnic community, undermining the constitutional requirement for representation of Kenya’s diverse population.

The petition states that five out of eight senior executive positions — approximately 63 percent — are currently held by individuals from a single community.

It further alleges that shortly after the present board assumed office, several top executives were removed and replaced, resulting in five out of nine senior management roles being occupied by individuals from the same ethnic group.

Okumu also accuses Mercylynate Chepkirui, who chairs the board’s Human Resource Committee, of facilitating the removal of non-Kalenjin managers during the restructuring process.

The petitioner argues that the recruitment outcomes point to possible bias, interference, and ethnic favoritism by both the committee chair and the board as a whole.

He contends that the alleged actions breach constitutional provisions requiring merit-based appointments, fair competition, and equitable representation of Kenya’s communities in public service.

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