The High Court has suspended four public appointments made last week, including the selection of Phillip Kiptanui Kirwa as the CEO of Moi Teaching and Referral Hospital (MTRH).
In a ruling, Justice Samwel Mohochi suspended the picking 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, the managing director of Kenya Broadcasting Corporation (KBC).
The judge certified the case by Magare Gikenyi, a Nakuru-based surgeon, as urgent and directed the parties to file their responses within seven days of being served.
Dr Gikenyi pointed out that the appointments were made in consultation with the head of the public service, Felix Koskei, while the law envisages that such appointments be made by the President.
“That a conservatory order is hereby issued suspending the press release, gazette notice and or any other document or authority appointing the 20th, 22nd and 24th respondents as chief executive officer or managing directors of the 21st, 23rd and 25th state corporations, respectively,” the judge said.
He said one wonders the rationale of appointing the said officers in concurrence to an office that the law does not envisage.
On the appointment of Dr Kirwa, Dr Gikenyi submitted that it was done in total disregard of procedural, statutory and constitutional requirements.
He said the whole process was shrouded in secrecy.
One region
Dr Gikenyi said that despite stating that MTRH is an equal opportunity employer promoting diversity, equity, and inclusivity, the board shortlisted five of the eight candidates from one region. He said the appointment makes the senior management of the referral hospital be from one region or ethnicity.
“That despite the fact that MTRH hospital being a national Level 6 teaching and referral hospital (as opposed to a regional/local hospital) the respondents shortlisted five (5) out of the 8 candidates from one region and/or ethnicity (all 5 from Kalenjin community with 4 being Nandi subtribe and 1 Keiyo subtribe), all from former Rift valley province,” he said.
Only one woman was shortlisted while one disabled person who applied was left out, he said.
