Nairobi, 4th June 2026: The Consumers Federation of Kenya (COFEK) has filed an urgent constitutional petition at the High Court, challenging what it calls a blatant subversion of a competitive recruitment process for the Board of Directors of the Kenya Electricity Transmission Company Limited (KETRACO).
The petition — filed by Tali Tali Advocates on behalf of COFEK names four respondents: the Cabinet Secretary for Energy and Petroleum (1st Respondent), the Cabinet Secretary for National Treasury and Economic Planning (2nd Respondent), the KETRACO Board of Directors (3rd Respondent), and the Attorney General (4th Respondent).
The development follows a scandalous advertisement for the KETRACO CEO position meant for a specific individual.
THE SCANDAL IN PLAIN TERMS
On 18th May 2026, the National Treasury publicly advertised vacancies for Independent Directors of various Government-Owned Enterprises — including KETRACO — pursuant to Section 10 of the Government Owned Enterprises Act, 2025. Members of the public were invited to apply. The deadline was 29th May 2026 at 5.00 p.m.
On that very same day — while applications were still being received — the Cabinet Secretary for Energy quietly published Kenya Gazette Notice Nos. 8032 and 8033, appointing and reappointing three individuals to the KETRACO Board with immediate effect:
• Gazette Notice No. 8032 — reappointed Mercylinette Rotich and Janerose Gatwiri as Board Members for a further three-year term.
• Gazette Notice No. 8033 — appointed Nick Ochola as a new Board Member for three years.
The public had been invited to compete. The winners had already been decided.
WHAT COFEK IS ASKING THE COURT
COFEK is seeking urgent conservatory orders to:
1. Suspend the implementation of Gazette Notice Nos. 8032 and 8033 pending the hearing and determination of the petition.
2. Compel the 1st and 2nd Respondents to file and serve — within 14 days — all documents, approvals, minutes, evaluation records, shortlisting records, interview records and appointment records relating to both the gazette notices and the advertised recruitment process.
3. Restrain the gazette-appointed directors from participating in any process relating to the recruitment, appointment or approval of a substantive KETRACO Chief Executive Officer.
4. Preserve the integrity of the ongoing recruitment process initiated under Section 10 of the Government Owned Enterprises Act, 2025.
The petition invokes Articles 1, 2, 3, 10, 22, 23, 47, 73, 75, 159, 165(3)(b) & (d), 232 and 258 of the Constitution of Kenya, 2010 — covering national values, fair administrative action, transparency, accountability, integrity, merit-based appointments, and the rule of law.
CONSTITUTIONAL QUESTION
At the heart of this matter is a question that goes beyond KETRACO: Can the Government legally advertise a competitive public recruitment process and simultaneously make appointments to the same positions through a parallel, opaque process?
COFEK says no. The petition argues that once the Government activated Section 10 of the Government Owned Enterprises Act, 2025 — by advertising, setting criteria, and inviting applications — it created a legitimate expectation among applicants that the vacancies would be filled through that process. Bypassing it on the very deadline day, without explanation, is a constitutional violation.
The petition is explicit that COFEK’s grievance is not directed at the personal suitability or integrity of the individuals appointed. The fight is about the process — and the principle that public appointments in State enterprises must be transparent, competitive and merit-based.
WHY THIS MATTERS
KETRACO is not a minor parastatal. It is the strategic State enterprise responsible for planning, designing, constructing, operating and maintaining Kenya’s national electricity transmission infrastructure. Its Board’s decisions directly affect energy security, public resources and the national economy.
Allowing a compromised board appointment process to stand — without judicial scrutiny — means the same actors who made unexplained midnight gazette appointments could also influence who becomes KETRACO’s next substantive CEO. COFEK has specifically asked the Court to block that.
This is still a subject matter in HCCHRPET/E/190/2026 between Benjamin Okumu versus the board of KETRACO on heavy ethnic imbalance. Incidentally, the acting CEO is from the same ethnic community.
BACKGROUND
A petition number is yet to be assigned by the Thika Constitutional and Human Rights Division registry.
COFEK is Kenya’s principal statutory consumer advocacy body established under the Consumer Protection Act.
In the first suit, COFEK wants the qualifications for the CEO of KETRACO reviewed, in line with the law, so it attracts a lot more candidates. An advertisement cannot be made to suit an individual while discriminating against others.
