Court suspends CS Wandayi's KETRACO board appointments

In orders issued on Wednesday, the court granted conservatory orders staying the implementation of Kenya Gazette Notices No. 8032 and 8033 of May 29, 2026, which appointed Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola as members of the KETRACO Board of Directors.

The court further restrained the three appointees from performing any functions as board members pending the inter partes hearing of the application.

The court also suspended all board resolutions made by or in the presence of the three individuals on behalf of KETRACO from May 29, 2026, pending the hearing of the case.

The orders follow a petition filed by Issa Elanyi Chamao, who argues that the appointments were made in violation of the Government-Owned Enterprises Act, 2025. 

The petitioner contended that the positions had already been advertised by the National Treasury for competitive recruitment through the Government-Owned Enterprises Boards Search and Selection Panel, only for the Energy Cabinet Secretary to proceed with direct appointments on the same day applications were due.

According to the petition, the appointments undermined an ongoing statutory recruitment process and breached constitutional principles of transparency, accountability, good governance and fair administrative action.

The court directed that the application, petition and orders be served on all respondents within three working days. The respondents have been granted seven days from the date of service to file and serve their responses, while the petitioners may file a rejoinder if necessary.

The matter will be mentioned on June 24, 2026, for further directions.

The conservatory orders mean that the three appointees will remain barred from participating in the affairs of KETRACO until the court considers the dispute and issues further directions on the legality of their appointments.