Appeals Court unfreezes KBC, MTRH, Athi water CEOs appointment

Court of Appeal has lifted orders that froze appointments made in May this year, including that of Agnes Kalekye as the Kenya Broadcasting Corporation Chief Executive Officer.

 Justices Mohamed Warsame, Paul Mwaniki Gachoka and Weldon Korir unanimously lifted the orders issued by Nakuru High Court Judge Samwel Mohochi and froze the hearing and determination of the case filed by Nakuru-based surgeon Magare Gikenyi.

Gikenyi was prosecuting the case alongside Linah Nyabate Kingsley, Philemon Abuga Nyakundi, Shallum Kaka Nyaundi, Jamlick Otondi Orina and Agnes Wambua Wanzuu.

 According to the three Judges, the affected appointees who also included Phillio Kiptanui who had been appointed as Moi Teaching and Referral Hospital and Joseph Kamau (Athi Water CEO appointee) had convinced them that the appeal would be rendered an academic exercise if they did not intervene.

“Accordingly, applications E067 of 2024 and E068 of 2024 are hereby allowed to the extent that an order is hereby issued staying the conservatory orders and further proceedings in Nakuru High Court Constitutional Petition No. E011 of 2024 pending the hearing and determination of the applicants’ intended appeals,” the bench headed by Justice Warsame ruled.

In the case, they urged the court to quash the appointment of the Chief executive officers of Athi Water Works Development Agency, Moi Teaching & Referral Hospital, Kenya Broadcasting Corporation and Kenya National Shipping Line Ltd.

 In response, Kiptanui, Kamau and Kalekye told the court that it had no powers to entertain the case as filed.

At the Court of Appeal, they argued that they argued that their case would be rendered useless if the High Court went ahead to render its judgment without a determination of whether it has powers.

They asserted that the case was filed before the High Court while the issue at hand involved employment. According to them, the case ought to have been before the Employment and Labour Relations Court.

Gikenyi on the other hand urged the Judges not to intervene. He said that the High Court has powers to hear the case adding that the appeal will not be rendered nugatory.

He submitted that despite the existence of the orders freezing the appointments, the parastatals named in the case have acting chief executive officers and their operations will not be affected or prejudiced.

He argued that the affected persons could be compensated by way of damages in the event the court found that they were legally appointed.