Court Suspends Appointments of Three KETRACO Board Members

The High Court has temporarily suspended the appointment of three members of the Board of Directors of Kenya Electricity Transmission Company Limited (KETRACO) pending the hearing and determination of a petition challenging their appointments.

In a ruling issued on June 10, 2026, Justice David Mburu said the case is urgent and should be handled quickly.

He also issued a temporary order stopping the implementation of Kenya Gazette Notices No. 8032 and 8033 dated May 29, 2026.

The court specifically restrained Mercylinnete Rotich, Janerose Gatwiri and Nick Ochola from carrying out the functions of members of KETRACO’s Board of Directors pending the inter partes hearing of the application.

“THAT pending inter partes hearing of the application, a conservatory order is hereby issued staying the implementation of Kenya Gazette Notice No. 8032 and Kenya Gazette Notice No. 803329th May 2026 and specifically restraining MERCYLINNETE ROTICH, JANEROSE GATWIRI and NICK OCHOLA from performing the functions of member of the Board of Directors of Kenya Electricity Transmission Company Limited based on Kenya Gazette Notice No. 8032 and Kenya Gazette Notice No. 803329th May 2026,” read part of the notice.

Court Bars Three KETRACO Board Members from Performing Duties

Justice Mburu further ordered the suspension of all board resolutions made by or in the presence of the three appointees in the name of KETRACO or its Board of Directors from May 29, 2026, to date.

Additionally, the court directed that the application, petition and the orders be served within three working days.

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Respondents, including the Cabinet Secretary for the Ministry of Energy and Petroleum, the Cabinet Secretary for the National Treasury, KETRACO and the Attorney General, were also ordered to file and serve their responses within seven days of being served.

The petitioners will be at liberty to file a rejoinder should the need arise.

Justice Mburu directed that the case be mentioned on June 24, 2026, for further directions.

The court also issued a penal notice warning that any person who disobeys the orders may face legal consequences.

KETRACO Board Members’ Re-Appointment Suspended

This is after the court previously temporarily stopped the re-appointment of members of the Kenya Electricity Transmission Company (KETRACO) Board after issuing interim conservatory orders pending further directions.

In a ruling delivered by Justice Lawrence Mugambi, the Court directed that any Gazette notice appointing or reappointing members of the current Board be held in abeyance until the next mention date, unless the court decides to extend the orders.

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Justice Mugambi stated that the “interim conservatory orders would remain in force up to the next mention date” and highlighted the need for an expedited hearing, directing that the matter be heard and determined within 20 days.

The orders arose from a constitutional petition filed by Benjamin Okumu, who has challenged the conduct of the KETRACO Board of Directors.

Okumu accused the Board of breaching constitutional provisions on national values and principles of governance, particularly those relating to inclusivity, equity, and ethnic diversity in public appointments.

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