PENDING CASE

Court suspends appointment of seven REREC board members

An order was obtained saying the appointments were done illegally.

In Summary

•Section 45 of the energy act provides that the COG shall appoint four members of the corporation's board of directors.

•But CS Juma committed illegality by usurping the CoG powers and doing the appointments.

Energy CS Monica Juma in Tana North subcounty during the commissioning of the Bura-Bilbil-Charidende electricity line.
UNIVERSAL ACCESS: Energy CS Monica Juma in Tana North subcounty during the commissioning of the Bura-Bilbil-Charidende electricity line.
Image: STEPHEN ASTARIKO

The High Court has suspended the appointment of seven Rural Electrification and Renewable Energy Corporation board members.

Justice Hedwig Ong'undi restrained Wacuka Ikua, Hassan Sora, Rhoda Njuguna, Wahome Gitonga, Mary Mwiti, Eva Sawe, Samuel Mugo Kimani and John Karamunya Limakamar from undertaking any functions or duties until an application filed by David Simiyu is heard and determined.

Simiyu obtained the order saying the appointments were done illegally.

According to court documents, Energy CS Monica Juma had on August 5, through a gazette notice, appointed Wahome Gitonga as a member of REREC in place of Isaac Mbeche.

Juma in another notice dated April 14, purported to appoint six people as members of the corporation despite the same not being a membership society but a state corporation under the energy Act.

Simiyu said Juma usurped the role of the Council of Governors and violated the law as the Energy Act provides that she only appoints three members of the corporation's board of directors.

The CoG protested her actions in a letter dated April 27.

The protest letter led to the CS appointing Mwiti, Sawe, Kimani and Limakamar who are serving as employees of the council of CoG, as members of the corporation's board of directors in place of Samson Maundu, Henry Rono and Hassan Mohamud Haji.

“The new notice purported to amend some of the disputed appointments,” Simiyu said.

Section 45 of the energy Act provides that the COG shall appoint four members of the corporation's board of directors.

But the CS committed illegality by usurping the CoG powers and doing the appointments.

She then tried to amend the mistakes but Simiyu says the board has been appointed in a process that was not transparent.

The case will be mentioned on September 19 for further directions.

 

Edited by Kiilu Damaris

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