The court has declined to issue conservatory orders barring former Kenyatta University vice chancellor Professor Olive Mugenda from serving as the Non-Executive Chairperson of the Kenyatta University Teaching, Referral and Research Hospital board.
Activist Okiya Omtatah had argued in his application stating that the appointments of Professor Olive Mugenda, Kithinji Kiragu and Gladys Ogallo were not fair, open, competitive, merit based, and inclusive recruitment process.
He said that since those positions were public the recruitment ought to be done by the Public service commission and should be open and competitive.
“Under the law, the process for filling offices in the public service begins with the PSC advertising vacancies for the positions and inviting applications from qualified interested parties. The PSC then publishes the names of all applicants and later the shortlist. The PSC then conducts interviews and avails an opportunity for public participation before appointing persons to the offices or submitting the names of successful candidates to appointing authorities for appointment, ” Okiya Omtatah wrote in his application.
The Activist also based his argument on the fact that Professor Mugenda was an employee of the university and therefore she could not sit on the Kenyatta University Teaching, Referral and Research Hospital board where the Kenyatta University Council is represented.
The court however stated that the President and the Cabinet Secretary made the appointments in good faith and if the appointments were found to not be in line with the constitution,they would be quashed.
President Uhuru Kenyatta appointed Prof Olive Mugenda to chair Kenyatta University Hospital board for three years.
Health CS Sicily Kariuki was also been appointed to the board. Others nominated include Kithinji Kiragu and Gladys Ogallo.
Prof Mugenda thanked President Kenyatta and promised to have the hospital opened as soon as possible.
She has promised to pioneer the fight against cancer. She pointed out that the hospital was part of vision 2030 and she will endeavor to make it a center of excellence in the region.
Prof. Mugenda retired as V.C of the institution on March 18, 2016 after serving for 10 years and turned down a Ksh.100 million send off package awarded to her .
She also serves as a member of the Judicial Service Commission (JSC).