The Kenya Electricity Transmission Company (Ketraco) faces a lawsuit over allegations that its board failed to consider ethnicity in senior appointments in violation of the Constitution.
The petition, filed by Benjamin Okumu at the High Court in Nairobi, claims to be acting in the public interest to uphold constitutional values in public service at Ketraco, a key player in Kenya’s power transmission sector.
Mr Okumu accuses the Ketraco board of swiftly replacing senior managers shortly after its appointment, allegedly favouring individuals predominantly from one ethnic community.
The High Court has certified the case as urgent and directed all parties to be served, setting the stage for a constitutional challenge against public sector hiring practices.
According to the petition, Ketraco previously maintained a stable and ethnically diverse executive committee reflective of Kenya’s plural society, as mandated by the Constitution and governance codes.
However, this balance was allegedly dismantled within a year (2024), with five of nine top executive positions now held by individuals from a single community—approximately 63 percent of senior management.
“The pattern of recruitment is so uniform that it raises legitimate constitutional concerns regarding ethnic bias and exclusion,” Mr Okumu says.
He clarifies that he does not accuse individual appointees of wrongdoing but challenges the process and outcome of the appointments as constitutionally flawed.
The petitioner argues that the board’s human resource committee holds sole control over the recruitment of the managing director and general managers, making the board directly accountable.
Outcome of the case could set a precedent for constitutional adherence in public sector appointments, reinforcing principles of inclusivity, accountability, and equitable representation in Kenya’s state corporations.
“The pattern of appointments complained of constitutes systemic ethnic discrimination, prohibited by the Constitution irrespective of individual qualifications,” Mr Okumu asserts.
He contends that the board violated Article 232(1)(h) by failing to ensure representation of Kenya’s diverse communities in public service. Beyond legal violations, the petition highlights institutional harm caused by abrupt leadership changes and loss of institutional memory at Ketraco.
Mr Okumu alleges that senior officers with technical expertise were removed, including those handling a long-running dispute with a Spanish contractor, exposing the company to financial risks.
“Due to mismanagement and lack of continuity, the contractor has obtained garnishee orders and is attaching Ketraco’s bank accounts,” the petition claims. It further alleges panic-driven financial decisions, including rushed fund transfers and premature salary payments, jeopardising public resources.
The case also raises concerns over timing, as the current board’s term expires in February, prompting fears of renewal before accountability is enforced. Mr Okumu warns that without court intervention, the alleged discriminatory practices may persist, eroding public trust in state corporations.
He seeks court orders declaring the appointments unconstitutional, quashing them, and mandating a reconstitution of senior management in compliance with constitutional standards.
Additionally, the petition requests an injunction barring any extension or reappointment of the current board pending the case’s resolution.
The case is scheduled for mention on February 17, 2026, to confirm whether Ketraco and its CEO have filed responses.
