The Court of Appeal in Nakuru has dismissed a case aimed at halting a petition challenging the appointment of Dr. Philip Kiptanui Kirwa as the Chief Executive Officer (CEO) of Moi Teaching and Referral Hospital (MTRH).
In a judgement delivered by Justices John Mativo, Weldon Korir, and Mwaniki Gachoka, the court ruled that neither the hospital nor Dr. Kirwa adequately demonstrated that the High Court judge erred in exercising discretion or misapprehended facts in suspending the appointment.
“The appellants and respondents supporting the appeals did not show that the learned judge took into account irrelevant matters or ignored relevant considerations,” the judges said.
They added, “Having arrived at the above findings, the inevitable conclusion is that these consolidated appeals are devoid of merit and are hereby dismissed. Since this is a matter of public interest, the parties will bear their own costs.”
This ruling paves the way for the main petition to proceed at the High Court, where Dr. Magare Gikenyi is challenging Dr. Kirwa’s appointment on grounds of constitutional, statutory, and procedural irregularities.
The petition alleges that the recruitment process for the CEO position was opaque, non-competitive, and lacked transparency. It further claims that the shortlisted candidates were predominantly from one ethnic community, with no gender balance or representation of persons with disabilities.
Additionally, the petitioners argue that Dr. Kirwa and other shortlisted candidates did not meet the advertised qualifications, specifically pointing out a lack of required subspecialty and relevant work experience in Dr. Kirwa’s case.
Concerns were also raised over the appointment process itself, which involved the Chief of Staff and Head of Public Service, with the petitioners contending that such appointments should legally be made by the President under the State Corporations Act.
The petition highlights alleged ethnic bias in hospital management, unfair labor practices, and breaches of public trust and constitutional principles. The petition calls for a transparent, inclusive recruitment process that upholds diversity, equity, and inclusivity.
Dr. Kirwa’s appointment as MTRH CEO took effect on May 17, 2024, following the expiration of Dr. Wilson K. Aruasa’s term in January 2023.
The case lists multiple respondents, including MTRH, its board members, Dr. Kirwa, other newly appointed officials, and the Public Service Commission.
