Water Fund chairman Patrick Kokonya with CEO Ismailo Fahmy Shaiye.

The raging battle at the Water Sector Trust Fund (WSTF) has deepened after it emerged that the board is deeply divided.

Five board members have distanced themselves from chair Patrick Kokonya’s decision to send CEO Ismail Shaiye on terminal leave, describing the move as unlawful.

This comes just after Water Cabinet Secretary Sicily Kariuki vetoed the appointment of an acting CEO following Shaiye’s removal.

“The so-called meeting of June 23 was attended by only the chairman and two board members. The third is a member of the State Corporations Advisory Committee, who only attends to advise. All other five members did not attend as they had not concurred with the manner in which the chair was single-handedly trying to deal with the business at hand,” they said in a letter.

The letter was signed by five members – Matthew Tuitoek, Mwania Musau, Rose Muguchu, Dominic Biwitt, Joel Onchwati - and CEO Ismail Shaiye.

But Mr Kokonya told The Standard that Shaiye was not eligible for a second term after serving two terms. He said Shaiye had 40 pending leave days and should proceed on terminal leave.

But a section of the board thinks otherwise.

“These occurrences were irregularly instigated through the direction of a minority section of the board in total disregard of an ongoing board process addressing the CEO’s contract, and in total disregard of the CEO’s terms of contract, whose second term does not end until November 9, 2020,” the letter stated.

They said a meeting between them and Water CS Kariuki on June 25 decided that the CEO would remain in office until advised otherwise.

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