Court suspends CS Wandayi's KETRACO board appointments

The High Court has issued an interim order suspending the re-appointment of members to the Kenya Electricity Transmission Company (KETRACO) Board, blocking Cabinet Secretary Opiyo Wandayi's recent board appointments.

The suspension responds to a petition alleging constitutional violations regarding inclusivity and ethnic diversity in public appointments. 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.

The petition was filed by Benjamin Okumu, who accuses the KETRACO Board of Directors of favouring a single ethnic community. Okumu claims approximately 63 per cent of senior executive positions are held by individuals from one ethnic community, violating national values and principles of governance.

The court order suspends any gazette notice re-appointing current board members until further directions. This interim conservatory order remains pending the hearing and determination of the case.

KETRACO, the Kenya Electricity Transmission Company, oversees power transmission infrastructure across Kenya. The board oversees strategic decisions affecting the national electricity grid.

Justice Mugambi previously extended temporary orders suspending the board re-appointments to March 18, 2026, as the court awaited a ruling on a dispute over legal representation in the case.

The case highlights ongoing tensions around ethnic inclusivity in Kenyan public sector appointments. The Constitution requires public bodies to reflect the diverse composition of Kenyan communities.

CS Wandayi, the Energy and Petroleum Cabinet Secretary, had moved to reappoint the existing board members. The court's intervention stops this process pending full hearing of Okumu's petition.

No timeline exists for when the court will hear the petition substantively. The matter remains on the court's list for further directions.

The suspension affects all current board members whose re-appointments were under consideration. Their continued tenure remains uncertain pending the court's final ruling.