Kenya: Court Stops Recruitment of Moi Teaching and Referral Hospital CEO

Nairobi — The High Court has stopped the recruitment and appointment of Moi Teaching and Referral Hospital (MTRH) Chief Executive Officer (CEO), ruling that the process violated the Constitution and statutory provisions governing public appointments.

Justice Mohochi S. M. found that the recruitment failed to meet the constitutional requirements of transparency, accountability, public participation and adherence to the national values and principles of governance.

Among the orders issued, the court declared the recruitment, shortlisting, interviews and appointment of the MTRH CEO unconstitutional, null and void.

The judge also issued an order of certiorari quashing the recruitment process and the appointment decision, and an order of prohibition restraining the hospital from recognising or allowing the appointed individual to act as CEO.

Further, the court directed MTRH, through an order of mandamus, to initiate a fresh recruitment process for the Chief Executive Officer in strict compliance with the Constitution and all applicable laws.

The judgment also invalidated statutory instruments that required concurrence by the Head of Public Service or the President in the appointment of chief executives and board chairpersons of state corporations, declaring they had no legal basis and were unconstitutional.

The Public Service Commission and the Head of Public Service were directed to ensure future appointments comply with constitutional requirements, while relevant state corporations have been given 60 days to align their operations with the court's decision.

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