Nyong’o Blocked From Appointing Hospital CEO

Nairobi Star (Nairobi)

Star Reporter

25 June 2011

Health Minister Anyang’ Nyong’o has been blocked from appointing a new boss at the Moi University Teaching and Referral Hospital in Eldoret. High Court judge Joseph Karanja said the minister and the board can appoint a CEO only by following the procedures set out in the State Corporations Act.

The judge made the decision after an NGO, Centre for Human Rights and Democracy, made an application to have the minister and board stopped arguing the appointment is a matter of great public interest and should not be handled wrongly.

The judge said constitutionalism was fast gaining momentum in Kenya and it is important to respect existing procedures and laws. “There is hereby issued an interim order of injunction restraining Minister of Health Services from appointing and gazzeting a director for the Moi Teaching Hospital without regard to due process set out in the State Corporations Act”, ordered the judge.

CHRD programmes officer Nick Omito through lawyer Angu Kitigin moved to the High Court to file the suit in which they have also sued the Attorney General as the legal advisor to the government. The judge ordered that the matter be heard inter-parties on July 12.

Omito filed the suit on the grounds that the hospital is public and that a process is already underway to appoint a CEO for the hospital. He also argued due process is threatened by political interest.

The court came in the wake of orders by Prime Minister Raila Odinga for Nyongo to re-appoint former CEO Harun Mengech. Raila made the order during a tour of Eldoret during which Kalenjin elders demanded Mengech re-appointed.

Raila has twice publicly ordered Nyong’o to give Mengech the job, but the minister has declined arguing that the board was in the process of interviewing applicants for the job. Mengech had earlier emerged top candidate after an interview, but Nyong’o cancelled the result.

The NGO argues there is a constitutional requirement to the effect that holders of such public office must be of high integrity, competence, suitability and impartiality.

CHRD said the hospital, which is of an international repute, must adhere to due process in its corporate governance and that the public should participate in the hiring of a new boss.

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