Okiya Omtatah Okoiti v The Board, Kenya Pipeline Company Limited & 2 others ; John Ngumi (Chairman) & 10 others (Interested Parties) [2020] KEELRC 1464 (KLR)

Facts

The petitioner, Okiya Omtatah Okoiti, challenges the constitution of the Kenya Pipeline Company (KPC) Board and the recruitment process for the new Managing Director. The 1st respondent, the Board of KPC, and other parties contest the petitioner's claims.

Issues

1. Whether the KPC Board was properly constituted at the time of recruitment of the new Managing Director.
2. Whether the interview process for the position of KPC Managing Director was in compliance with the Public Service Act.
3. Whether reasonable opportunity for public participation was provided.
4. Whether the petitioner has laid a basis for granting the orders sought.
5. Who will bear the costs.

Reasoning

The court does not find evidence supporting the claim that 5 out of 9 KPC Board members belong to one tribe, as the petitioner did not provide evidence of their tribal origins. The court also found the interview process to be in compliance with the Public Service Act.

Outcome

The court dismisses the petition.

Authorities cited