A public interest litigant has moved to the High Court seeking urgent judicial intervention over alleged ethnic imbalance in the senior management of the Kenya Electricity Transmission Company Limited (KETRACO). In a constitutional petition filed at the Constitutional and Human Rights Division in Nairobi, Benjamin Okumu accuses the KETRACO Board of Directors of presiding over a recruitment process that he claims violates constitutional requirements on inclusivity and diversity. He argues that recent senior appointments overwhelmingly favour one ethnic community, undermining national cohesion and equality in public service.
Claims of Unconstitutional Appointments
According to the petition, several senior executives were removed soon after the current Board assumed office and were replaced within a short period. The changes allegedly resulted in five out of nine top executive positions being filled by individuals from a single ethnic group amounting to about 63 per cent of KETRACO’s Executive Committee of Management. Okumu contends that this composition breaches Articles 10, 27 and 232 of the Constitution, which enshrine values of inclusiveness, equality, non-discrimination, and fair representation of Kenya’s diverse communities within public institutions.
He further argues that the recruitment of the Managing Director and General Managers is carried out exclusively by the Board through its Human Resource and Remuneration Committee. In his view, the uniformity of the recruitment outcomes raises serious constitutional concerns about ethnic bias and systemic exclusion.
Focus on Process, Not Individuals
The petitioner clarifies that he is not accusing any of the appointed individuals of personal wrongdoing. Instead, he is challenging the legality and constitutionality of the recruitment process itself, which he says has produced outcomes inconsistent with the Constitution.
Alleged Impact on Operations and Public Funds
Court filings indicate that the alleged removal of senior staff has negatively affected KETRACO’s operations and financial stability. Okumu claims the corporation has suffered loss of institutional memory and has been exposed to garnishee proceedings by a foreign contractor arising from a long-standing dispute. He also warns that the instability has prompted rushed financial decisions within the State corporation, potentially putting public funds at risk and threatening the effective functioning of the country’s electricity transmission infrastructure.
Urgency Ahead of Board Tenure Expiry
The petitioner has emphasized the urgency of the case, noting that the current KETRACO Board’s tenure is set to expire in February 2026. He argues that there is a real risk that Board members could be reappointed or have their terms extended before the constitutional issues raised in the petition are fully addressed. As a result, Okumu is seeking conservatory orders to block any reappointment or extension of the Board’s tenure pending the hearing and determination of the case.
Remedies Sought
Among the orders sought from the court are:
- Declarations that the contested appointments violate the Constitution
- Orders quashing the impugned appointments
- Directions requiring KETRACO to reconstitute its senior management in line with constitutional principles on diversity and inclusivity
He has also asked the court to compel oversight bodies, including the Public Service Commission, the National Cohesion and Integration Commission, and the Commission on Administrative Justice, to conduct an independent audit of diversity at KETRACO and submit their findings to the court. The matter is now before the High Court for consideration.
