Court suspends appointment of new MTRH, KBC and Athi Water bosses

The Supreme Court has quashed four public appointments made last week, including the appointment of Phillip Kiptanui Kirwa as CEO of Moi Teaching and Referral Hospital (MTRH).

In a ruling, Judge Samwel Mohochi suspended the appointment of Dr. Kirwa, Joseph Kamau as CEO of Athi Water Works Development Agency, Abdallah Hatimy, CEO of Kenya National Shipping Line Ltd and Agnes Kalekye, Managing Director of Kenya Broadcasting Corporation (KBC).

The judge declared the case of Magare Gikenyi, a Nakuru surgeon, urgent and ordered the parties to file their replies within seven days of service.

The case will be heard on June 11.

Dr. Gikenyi noted that the appointments were made in consultation with the Head of the Civil Service, Felix Koskei, while the law stipulates that such appointments are made by the President.

“An order of the Conservatorship is hereby issued suspending the press release, gazette notice and/or any other document or authority naming the 20th, 22nd and 24th respondents as Chief Executive Officer and Managing Director respectively the 21st, 23rd and 25th national companies will be appointed,” said the judge.

He said that one wonders why the appointment of these officials should at the same time lead to an office that the law does not provide for.

On the appointment of Dr. Kirwa brought Dr. Gikenyi alleged that this was done in complete disregard of procedural, statutory and constitutional requirements.

He said the entire process was kept secret.

Dr. Gikenyi said that despite his statement that MTRH is an equal opportunity employer and promotes diversity, equity and inclusion, the board shortlisted five of the eight candidates from one region. He said the appointment will result in senior management at the referral hospital being from one region or ethnicity.

“Although MTRH Hospital is a national level 6 teaching and referral hospital (as opposed to a regional/local hospital), respondents have five (5) of the eight candidates from a region and/or ethnicity (all five from… ) shortlisted Kalenjin community with four Nandi sub-tribes and one Keiyo sub-group), all from the former Rift Valley Province,” he said.

Only one woman was shortlisted while a disabled person who applied was not considered, he said.