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A public interest petition has been filed at the High Court of Kenya challenging senior management appointments at the Kenya Electricity Transmission Company Limited (KETRACO). The case alleges ethnic imbalance, constitutional violations, and growing operational risks within the state-owned agency.
The petition, lodged by Benjamin Okumu, questions the recruitment practices of the current KETRACO board of directors. According to court documents, five out of nine senior executive positions are reportedly held by individuals from a single ethnic community. This, the petitioner argues, breaches constitutional principles on inclusivity and fair representation.
Claims of constitutional violations at KETRACO
In filings seen by the court, Okumu contends that the composition of KETRACO’s Executive Committee of Management (EXCOM) violates Article 232(1)(h) of the Constitution. This provision requires public institutions to reflect Kenya’s diverse communities.
Additionally, the petition references Articles 10 and 27, which emphasise equality, non-discrimination, and national cohesion in public service. Okumu insists that the issue is not about individual competence. Instead, he argues that the recruitment outcomes reveal a pattern of ethnic favouritism.
“The complaint targets the recruitment process and outcomes, not the personal qualifications of those appointed,” the petition states.
Alleged role of the board and HR committee
The petitioner further alleges that KETRACO’s Board Human Resource and Remuneration Committee, chaired by Mercylynate Chepkirui, oversaw the removal of several senior managers from other ethnic communities. Currently, only three non-Kalenjin general managers remain, all of whom were appointed by the previous board.
Since 2024, the petition claims, the new board has carried out what is described as a systematic purge. As a result, leadership diversity has declined significantly.
Operational and financial risks highlighted
Beyond governance concerns, the petition links the leadership changes to serious operational risks. According to Okumu, the removal of experienced executives led to the loss of institutional memory. Consequently, decision-making has reportedly weakened.
The petition also claims that KETRACO now faces potential financial exposure. This includes garnishee proceedings initiated by a foreign contractor over a long-running dispute. Okumu argues that such disruptions threaten public funds and undermine the stability of Kenya’s electricity transmission system.
Urgency as board term nears end
The case has been marked urgent because the current KETRACO board’s term is expected to expire in February. Okumu warned that extending or renewing the board’s tenure before resolving the constitutional issues could entrench the disputed leadership structure.
As part of the relief sought, the petitioner is asking the court to issue conservatory orders blocking any extensions. He also wants the court to declare the appointments unconstitutional and compel KETRACO to reconstitute its senior management in line with constitutional standards.
Furthermore, Okumu has called for a structural audit by oversight bodies. These include the Public Service Commission, the National Cohesion and Integration Commission, and the Commission on Administrative Justice. The audit would assess diversity, inclusiveness, and governance practices within the agency.
Court directions issued
On January 14, High Court Judge Lawrence Mugambi issued procedural directions on the matter. He ordered that the petition and related applications be served within seven days. If physical service proves difficult, substituted service through a national newspaper advertisement is permitted.
The judge also directed that responses be filed within 14 days of service. Any rejoinder must then be submitted within another 14 days. The court scheduled a compliance confirmation and further directions for January 17.
As the case proceeds, it raises broader questions about governance, ethnic representation, and accountability in Kenya’s state corporations. The outcome could set an important precedent for leadership appointments across the public sector.
