Background: The Allegation of “Ethnic Capture”
A public interest petitioner, Benjamin Okumu, filed a constitutional petition at the Constitutional and Human Rights Division in Nairobi accusing the KETRACO Board of Directors of violating the Constitution by overseeing recruitment and appointments that allegedly favoured one ethnic community at the expense of national diversity. 
The petition alleged that the state corporation had been captured by a single ethnic community, with court documents revealing that 5 out of the 9 top executive positions — nearly 63% — were held by individuals from one tribe, in violation of the Constitution’s requirement for diversity in public service. 
Specific Accusations
Okumu claimed that all General Managers who are non-Kalenjin were either dismissed or replaced with individuals from the Kalenjin community, resulting in what he termed a deliberate pattern of ethnic exclusion. 
The petitioner further argued that only three non-Kalenjin General Managers were currently serving, and these had been appointed by the previous Board and had not been subjected to the purge carried out by the current Board since 2024. 
The key named actor: Okumu explicitly accused Mercylynate Chepkirui, who heads the Board’s Human Resource Committee, of enabling the dismissal of non-Kalenjin managers.
The court documents state: “Given the outcome of the recruitment processes, the Petitioner avers that interference, bias and ethnic favouritism by the Chairperson of the Committee and the Board as a whole cannot reasonably be ruled out.” 
Financial Fallout Alleged
The petition also claimed that due to mismanagement and lack of continuity, a contractor had obtained garnishee orders and was attaching KETRACO’s bank accounts, with panic-driven financial decisions — including rushed fund transfers and premature salary payments — jeopardising public resources. 
Constitutional Provisions Cited
Okumu argued that the pattern violated Articles 10, 27, and 232 of the Constitution  — covering national values, equality and non-discrimination, and the requirement that public service reflects the diversity of Kenya’s communities respectively.
Court Proceedings
January 2026 — Filing: The petition was filed under a certificate of urgency, with Okumu raising particular concern that the KETRACO Board’s tenure was due to lapse in February 2026, creating a real risk that members could be reappointed or have their terms extended before the constitutional issues were resolved. 
February 24, 2026 — Conservatory Orders Granted: Justice Lawrence Mugambi directed that any Gazette notice seeking to appoint or reappoint members of the current board be suspended until the next mention date, unless the court extended the orders.  The matter was to be heard within 20 days.
March 2026 — Fatal Procedural Strike-Out: The court found that the pleadings had been prepared and filed by Kelvin Mwangala Lusweti, who was serving as a public officer at the Independent Policing Oversight Authority at the time, contrary to Section 10 of the Advocates Act.
The ruling stated: “The pleadings drawn, signed and filed… are legally incompetent and are unsustainable in law,” adding that the defect was “fatally incurable.”
Justice Chigiti noted that the impropriety went “to the core of the petition” and could not be salvaged under Article 159 of the Constitution, which mandates courts to administer justice without undue regard to procedural technicalities.
The court did not address the substantive allegations at all — ruling entirely on the threshold issue of legal representation. With the petition struck out, the Cabinet Secretary for Energy and Petroleum was expected to proceed with reconstituting the board, whose mandate had expired nearly three weeks prior. 
COFEK’s Intervention
This is directly relevant to COFEK ongoing KETRACO work. Several observations:
1. The Okumu petition is dead on procedure, not substance. The ethnic capture allegations were never adjudicated. The door is wide open for a fresh, properly drawn petition — and COFEK has impeccable standing and competent representation.
2. COFEK new petition (against Gazette Notices 8032/8033) attacks the board appointment process from a different angle — competitive recruitment integrity. The ethnic composition angle is a complementary cause of action that could be joined or run in parallel.
3. The named actor — Mercylynate Chepkirui — is specifically identified in sworn documents as having chaired the HR Committee that orchestrated the alleged purge. That is a named respondent ready to be cited.
4. The 63% EXCOM concentration figure is already on record in court documents, giving COFEK a factual foundation to work from
5. Article 232 demands that public service appointments “reflect the face of Kenya.” COFEK is ready to consolidate Okumu’s concerns on KETRACO — a strategic national turned into a village managed project
