SHA says whistleblower Andrew Rotich has not lost job amid recruitment controversy

SHA says whistleblower Andrew Rotich has not lost job amid recruitment controversy

ICPAK Chairperson Elizabeth Kalunda defended Rotich’s record, highlighting his contributions at the former NHIF and SHA in uncovering suspected irregularities in medical billing.

The Social Health Authority (SHA) has disputed claims that Andrew Rotich of the Institute of Certified Public Accountants of Kenya (ICPAK) lost his job, stating that he remains a public service employee deployed to the authority under protected transitional arrangements.

In a statement on Wednesday, SHA clarified that the court-mandated nullification of earlier appointments does not affect Rotich’s current status, and he continues to hold the position of senior officer.

The statement follows concerns raised by ICPAK and the Institute of Internal Auditors (IIA) over SHA’s recruitment process and Rotich’s exclusion from recent staff appointments.

SHA Chairperson Abdi Mohamed emphasised that the authority adheres strictly to the Social Health Insurance Act, 2023, and relevant court rulings.

Court ruling

“Mr Rotich has not lost his job,” he said, noting that the Employment and Labour Relations Court (ELRC) ruling of May 29, 2025, quashed prior internal recruitment decisions and mandated a fresh, open, competitive process for all positions, including Deputy Directors.

The court ruling stated, “An order of certiorari hereby issued quashing any decisions made pursuant to the impugned and unlawful purported internal advertisement herein” (ELRC Petition No. E078 of 2025, Page 27, Paragraph 6).

Abdi clarified that Rotich initially succeeded in the February 2025 internal recruitment exercise for the position of Deputy Director, which was later nullified by the court. In the second recruitment exercise, which closed on August 19, 2025, Rotich applied only for the position of Assistant Director, Internal Audit, and did not apply for Deputy Director.

“The Board can only consider and shortlist individuals who have formally applied for advertised positions,” Abdi said, adding that Rotich has not filed any formal appeal regarding his non-shortlisting.

Commitment to integrity

SHA reiterated its commitment to integrity, transparency, and meritocracy.

“All candidates shortlisted for the Deputy Director, Internal Audit position are current members of ICPAK and/or IIA,” Abdi said.

He added that SHA uses AI-driven systems and a big data fraud engine to detect medical fraud and has submitted evidence to the Directorate of Criminal Investigations for prosecution of offenders, with Rotich remaining an active member of the audit team.

Speaking at a press conference at the CPA Centre in Nairobi, ICPAK Chairperson Elizabeth Kalunda defended Rotich’s record, highlighting his contributions at the former NHIF and SHA in uncovering suspected irregularities in medical billing.

“He was part of the audit team that revealed suspected irregularities in medical billing within Kenya’s public health system, findings that contributed to ongoing law enforcement and oversight interventions,” she said.

Kalunda expressed concern that the exclusion of Rotich and two other deputy directors could discourage professionals from speaking out on accountability matters.

“ICPAK’s concern is that if left unaddressed, such developments could inadvertently discourage professionals from speaking out on accountability matters,” she said.

Uphold fairness

She urged SHA and the Ministry of Health to uphold fairness and due process.

“We stress that this issue relates to an individual and the principle that professionals serving the public interest must be protected from vulnerability,” she said.

ICPAK also called for the protection of evidence provided by auditors and whistleblowers, as well as the establishment of a National Whistleblower Policy.

“We demand for safety of whistleblowers by ensuring security for CPA Rotich, his family, and other parties contributing to accountability efforts. ICPAK calls for the establishment of a National Whistleblower Policy and enactment of the Whistleblower Act,” Kalunda said.

She highlighted the critical role of accountants and auditors in governance and accountability, noting that their work strengthens risk management and ensures ethical and legal compliance.

ICPAK confirmed plans to engage the Ethics and Anti-Corruption Commission (EACC) to reinforce transparency and accountability.

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