Moi Teaching and Referral Hospital loses bid to stop case challenging CEO appointment
The hospital had moved to the Court of Appeal seeking to stop and have the judge recuse herself from the case.
An Appeal court in Nakuru has dismissed a case that was meant to stop a petition that challenged the appointment of Dr Philip Kiptanui Kirwa as the Chief Executive Officer (CEO) of Moi Teaching and Referral Hospital (MTRH) and six others.
The hospital had moved to the Court of Appeal seeking to stop and have the judge recuse herself from the case.
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This is after the High Court suspended Dr Kirwa's appointment following a petition filed by Dr Magare Gikenyi.
In a judgement delivered by Justices John Mativo, Weldon Korir and Mwaniki Gachoka found that the appellants and the respondents in support of the appeals did not demonstrate how the learned judge in exercise of his discretion misapprehended the facts.
The court noted that the hospital and CEO failed to demonstrate that the learned judge took into account irrelevant matters or failed to take into account relevant considerations.
"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," the judges ruled.
The Appeal court ruling paves the way for the main petition to proceed at the High Court.
In the main petition, Gikenyi argued that Kirwa's appointment violated constitutional, statutory, and procedural requirements.
The petitioners contended that the appointment process for the CEO was obscure, non-competitive, and non-transparent, contravening several constitutional articles and statutory provisions. They alleged that the shortlisted candidates predominantly came from one ethnic community and lacked gender diversity and consideration for persons with disabilities.
Further, the petitioners argued that several shortlisted candidates, including Dr Kirwa, did not meet the advertised qualifications.
Specifically, they claimed that Dr Kirwa lacked the required subspecialty and relevant work experience. The appointment process, which involved the Chief of Staff and Head of Public Service, was also contested by the petitioners, who asserted that such appointments should be made by the President as per the State Corporations Act.
The petitioners highlighted issues of skewed ethnic representation in hospital management, unfair labour practices, and breaches of public trust and constitutional principles.
They called for a transparent and lawful recruitment process that upholds the principles of diversity, equity, and inclusivity.
The case listed multiple respondents, including MTRH, its board members, Dr Kirwa, other newly appointed individuals, and the Public Service Commission.
Dr Kirwa was appointed effective May 17, 2024, after Dr Wilson K. Aruasa's term ended in January last year.
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