The Kenya Petroleum Oil Workers Union (KPOWU) has filed a constitutional petition at the High Court challenging the appointment of Faith Bett Boinett as Chairperson of the Kenya Pipeline Company (KPC) board. The union argues that the selection process violated public governance laws and the Constitution.
In the lawsuit certified as urgent, the union seeks to halt all major operational decisions made by the state corporation. The legal action also lists KPC Acting Managing Director Pius Mwendwa and National Treasury Cabinet Secretary John Mbadi as key respondents.
Senior counsel Nelson Havi represents the workers, who claim Boinett did not undergo competitive recruitment. They argue this lack of process violates the guidelines governing state corporations, the Companies Act, and public service positions.
The petition further alleges a severe conflict of interest involving the chairperson. Documents state she holds shares and a directorship at Fastnett Energy Limited, an entity currently holding commercial transport and storage agreements directly with KPC, which creates an unacceptable overlap between her private business and public duties.
This private involvement reportedly compromises her capacity to execute public responsibilities impartially. The union states that prior administrative complaints sent to the energy and treasury ministries yielded no corrective response from top officials.
Another central grievance focuses on the current governance structure of the pipeline operator. Following a transition into a public limited company in April 2026, KPC ceased being a standard national government entity under the previous legal frameworks.
The workers contend the current board functions merely in a caretaker capacity. They assert this temporary leadership lacks power to make long-term adjustments.
Among the contested board actions is the ongoing recruitment of a substantive managing director. The petitioner wants this specific recruitment halted immediately until a permanent, legally sound board is properly constituted by the authorities.
The lawsuit also seeks to freeze multi-million shilling capital expenditure initiatives. These programs include proposed investments in crude oil infrastructure and a planned upgrade of the Enterprise Resource Planning (ERP) corporate software.
Furthermore, the petition targets a proposal to outsource the internal staff medical scheme. The union claims this plan replaces their transparent healthcare system with an external provider without proper consultation.
The workers argue these extensive corporate changes should remain suspended for another reason. They state that such high-level policy adjustments cannot proceed before Uganda appoints its official representative to the KPC board.
Consequently, the petition demands that the High Court nullify all board resolutions passed since April 22, 2026. The union wants these past decisions declared entirely void due to the alleged lack of authority.
High Court Judge David Mburu directed the respondents to file their legal replies within seven days. The petitioner will then have three days to submit a rejoinder before the next court date.
The case is scheduled for a mention on July 29, 2026, to review compliance. Additionally, the union wants the matter referred to the Chief Justice to empanel a three-judge bench for determination.
Legal representatives emphasize that the dispute threatens to delay critical national infrastructure upgrades. Observers note that the outcome could reshape corporate governance norms across Kenya's newly commercialized state agencies.
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