The Kenya Electricity Transmission Company (KETRACO) is at the center of a legal challenge, with a public interest petitioner seeking to block the renewal of the board’s tenure over accusations of ethnic favoritism. The petitioner, Benjamin Okumu, claims that 63% of top management positions at the state corporation are controlled by individuals from a single ethnic community, which he argues breaches constitutional mandates for diversity in public service.
The Allegations of Ethnic Capture
In a petition filed at the High Court, Okumu has accused KETRACO’s board of systematically purging non-compliant managers, replacing them with members from one ethnic group. He alleges that the corporation’s top executive team, which comprises nine key positions, now consists of five individuals from the same tribe. This, he argues, is a clear violation of Article 232 of the Constitution, which stipulates that public appointments must reflect Kenya’s ethnic diversity.
Okumu’s affidavit paints a vivid picture of the alleged purge, claiming that the board’s Human Resource Committee, led by Mercylynate Chepkirui, orchestrated the restructuring. The result, he suggests, is a management team that resembles a local village council more than a national body. “This is not just about numbers; it’s about the capture of a strategic national asset,” Okumu emphasized. “The hurried financial decisions and panic measures are now endangering the grid that powers our nation.”
Legal and Political Ramifications
The petition, which requests an injunction halting any further board renewals until an independent audit by the Public Service Commission is conducted, could have far-reaching implications for the country’s energy sector. The case, now before the Constitutional and Human Rights Division of the High Court, has the potential to disrupt KETRACO’s operations, especially as Kenya continues to face power instability.
This legal battle comes at a time when President William Ruto’s administration has promised to foster an inclusive government, making the case a significant test of the judiciary’s commitment to upholding constitutional principles. KETRACO’s legal woes could further complicate efforts to stabilize the power sector at a time when Kenya’s energy needs are growing increasingly urgent.
