The government has encountered a significant setback as the High Court has temporarily suspended the recent appointments of four public officials, including Phillip Kiptanui Kirwa as the CEO of Moi Teaching and Referral Hospital (MTRH).
Agnes Kalekye, the Managing Director of Kenya Broadcasting Corporation (KBC), is also affected by the court order, suspending her appointment pending the determination of a lawsuit filed in court.
Justice Samwel Mohochi issued conservatory orders prohibiting four public officials—MTRH CEO Kirwa, KBC MD Kalekye, Joseph Kamau as CEO of Athi Water Works Development Agency, and Abdallah Hatimy as CEO of Kenya National Shipping Line Ltd—from assuming their respective offices. The orders came after Dr. Magare Gikenyi, based in Nakuru, and five other activists challenged their appointments, alleging they were illegal and unconstitutional.
“That a conservatory order is hereby issued suspending the press release, gazette notice, and or any other document or authority appointing the 20, 22, and 24 respondents as chief executive officer or managing directors of the 21, 23, and 25 state corporations, respectively,” Mohochi stated.
The judge also prohibited the government from implementing the press release and gazette notice dated May 17, 2024, appointing the four officials until the case is heard and determined. Additionally, Justice Mohochi restrained Kirwa from performing any roles as the CEO of MTRH until the inter-parties hearing of the case.
The directive was made after certifying the case by Gikenyi as urgent, and the judge instructed all parties involved to file their responses within seven days before the mention of the case scheduled for June 11, 2024.
In their case, led by Gikenyi, the petitioners seek to have the appointments revoked on grounds that they bypassed legal protocol. They allege that the appointments were made in consultation with the Head of Public Service Felix Koskei, despite the law requiring such appointments to be made by the President.
The petitioners, including Gikenyi Philomena Nyakundi, Pauline Nduta, Linah Kingsley Shallum Nyakundi, Jamlick Orina, and Agnes Wazuu, argue that the entire recruitment process for the public servants lacked transparency and disregarded established procedures, statutory regulations, and constitutional requirements.
They allege that the process of appointing the officials was shrouded in secrecy, with the respondents failing to disclose the criteria used to arrive at the shortlisted candidates. Additionally, they claim that despite Persons Living with Disabilities (PWDs) applying for the positions, none were considered.
Gikenyi further contends that there was a lack of transparency, particularly regarding Kirwa’s appointment at MTRH. He asserts that the appointments at MTRH resulted in skewed appointments, where one community took a significant portion of staff appointments, leading to ethnic marginalization.
This, according to Gikenyi, constitutes unfair labor practices contrary to Article 41 and 232 of the constitution.
“Despite MTRH promoting itself as an equal opportunity employer, the shortlist for the CEO position included five candidates from a single region, potentially leading to an overrepresentation of a specific ethnicity in the hospital’s senior management,” the petitioners’ states.
