High Court Directs Parties in Battle Over Control of Institution of Engineers of Kenya

The Milimani High Court issued fresh directions on June 1, 2026, ordering that legal applications challenging the appointment of a caretaker committee at the Institution of Engineers of Kenya (IEK) be served on respondents within two days.

Lady Justice Patricia Nyaundi directed the respondents to file their legal responses within three days of service, setting a mention date for June 16, 2026, to confirm full compliance and issue further directions.

The court orders come after IEK President Eng Shammah Kiteme filed urgent Notice of Motion applications dated May 29, 2026, and June 1, 2026, alongside supporting affidavits to contest the newly formed interim leadership structure.

This legal battle emerged publicly after the Registrar of Societies, Teresia Gathagu, issued an official letter on May 28, 2026, endorsing a nine member caretaker committee to manage the daily operations and administrative affairs of the institution.

The regulatory intervention follows a Special General Meeting (SGM) convened by members on May 21, 2026, where participants voted to install the transitional committee due to the lack of a validly constituted IEK council.

Registrar Gathagu noted that the resolutions passed by the membership align with the immediate need for operational continuity and a smooth leadership transition, as council elections remain suspended due to a pending Kiambu High Court petition.

The underlying dispute holding up the elections is the case of Sam Aberi vs The Institution of Engineers of Kenya & 2 Others, a high court petition where the inclusion of graduate engineers in the institution's voting and registration processes is being challenged.

The interim team, led by Eng Hillary Nyaanga, is tasked with safeguarding institutional assets, securing financial records, and maintaining critical engagement with key partners like the Engineers Board of Kenya (EBK) to prevent service disruption.

The regulatory directive also recalled a disputed 2025 amended draft constitution, reverting governance rules back to the operative 2015 IEK Constitution.

Eng Howard M'mayi, a key figure in convening the recent membership meeting, issued an open letter to Kiteme, acknowledging past achievements but urging an immediate transition meeting with the caretaker committee at Top Plaza.

Kiteme's recent legal applications represent an effort to maintain his administration's standing while challenging the caretaker setup, though critics argue the filings are legally flawed and fail to establish a prima facie case.

Establishing a prima facie case means an applicant must present sufficient baseline evidence at first sight to show a clear legal right has been breached, rather than relying on a long narrative. Without meeting this initial threshold to prove a genuine legal wrong exists on the surface, a judge cannot grant the urgent orders sought.

Wider membership sentiment heavily mirrors these administrative demands, with senior engineers calling for an immediate end to internal friction. Industry professionals have publicly noted that the ongoing cyclical politicking only serves to weaken the decades-old institution, emphasizing that stability, professionalism, and continuity must take precedence over factional battles.

Engineers monitoring the standoff argue that the institution risks undermining its professional credibility and becoming a laughing stock compared to other bodies like the Law Society of Kenya (LSK) or the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), which manage transitions smoothly.

There are strong calls from within the rank and file for a structured transition to the caretaker committee under strict Terms of Reference (ToR) and a defined timeframe, urging Kiteme to protect his legacy of past reforms rather than clinging to office.

The caretaker committee retains a transitional mandate focused on administrative stability, which will remain in place until the unresolved Kiambu court petition regarding the graduate engineers is settled, clearing the way for new council elections to be held under the 2015 governing framework.