The High Court has issued conservatory orders temporarily blocking three newly appointed members of the Kenya Electricity Transmission Company (KETRACO) board from carrying out their official duties, dealing a setback to recent appointments made within the energy sector.
In orders issued by Justice David Mburu, the court certified the matter as urgent and suspended the implementation of Gazette Notices No. 8032 and 8033 dated May 29, 2026, effectively stopping the appointments from taking effect pending further directions from the court.
The affected board members are Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola, who had been appointed or reappointed to serve on the KETRACO board through gazette notices issued by Energy and Petroleum Cabinet Secretary Opiyo Wandayi.
The court further suspended all board resolutions and decisions made with the participation of the three appointees from May 29, 2026, introducing uncertainty over actions taken during the period in question.
The petition was filed by Issa Elanyi Chamao, Patrick Karani Ekirapa and Paul Ngweywo Kirui, who challenged the legality of the appointments and argued that the recruitment process did not comply with legal requirements governing appointments to state-owned enterprises.
According to court filings, the petitioners contend that the National Treasury had already initiated a competitive recruitment exercise for independent directors through the Government-Owned Enterprises Boards Search and Selection Panel, only for the appointments to be made before that process had concluded. They argue this undermined principles of transparency, accountability and fair competition in public appointments.
Justice Mburu directed that court papers and the conservatory orders be served on all respondents within the timelines set by the court. The respondents have been granted time to file their responses before the matter proceeds for further directions.
The case is scheduled for mention on June 24, 2026, when the court is expected to issue further directions on the hearing and determine the way forward regarding the contested appointments.
KETRACO plays a strategic role in Kenya’s electricity sector through planning, developing and maintaining high-voltage transmission infrastructure that supports power distribution across the country, making the outcome of the case significant for governance within state corporations.