A legal battle is looming over the leadership of Kenyatta National Hospital after a Nairobi advocate asked the High Court to stop Richard Lesiyampe from continuing to serve as the facility’s chief executive.
Advocate Samwel Muiruri has challenged both Lesiyampe’s appointment and his continued occupation of the position, arguing that the process may have breached constitutional and legal requirements governing senior public appointments.
In a petition filed before the High Court’s Constitutional and Human Rights Division, Muiruri wants the court to suspend the implementation of Lesiyampe’s appointment and prevent him from performing the duties and exercising the powers of KNH CEO until the case is decided.
The case raises questions over whether an officer who has reached the mandatory retirement age can be appointed or retained in a top executive position at a State corporation without the necessary legal approvals and procedures.
“At the core of this Petition lies the constitutional question whether a public officer who has attained the mandatory retirement age prescribed under the prevailing public service framework may lawfully be appointed, retained or continue serving in one of the highest executive offices within a State corporation without strict compliance with the Constitution,” the petition states.
According to the documents filed in court, Lesiyampe first took charge of KNH in an acting capacity on August 19, 2025, while the hospital awaited the recruitment of a substantive CEO.
The KNH Board of Management later made a fresh decision on June 29, 2026, approving his appointment on a one-year contract.
The new contract commenced on July 1, 2026, and is expected to expire on June 30, 2027.
Muiruri, however, says he has not found evidence of a public advertisement through which candidates were invited to apply for the CEO position.
He also says he has not identified a Gazette Notice or another public legal instrument confirming the appointment.
The advocate has questioned whether KNH followed the Constitution, the Public Service Commission Act, the State Corporations Act, the KNH Board Order and the Mwongozo Code of Governance for State Corporations during the process.
A further issue raised in the petition is Lesiyampe’s age. Muiruri claims the KNH boss had already reached the mandatory retirement age before the contested appointment was made.
He says there is no publicly disclosed exemption, extension or approval permitting Lesiyampe to continue serving after retirement.
The petition relies on Section 80 of the Public Service Commission Act and Regulation 70 of the Public Service Commission Regulations, 2020, which Muiruri says set out the rules governing engagement of public officers after retirement.
He argues that KNH was required to observe proper succession planning and use a merit-based recruitment process when filling the CEO position.
According to the petitioner, allowing the arrangement to continue without clear evidence of compliance could weaken “the constitutional values of transparency, accountability, merit, equal opportunity and the rule of law.”
Muiruri has asked the court to require the KNH Board to produce records relating to the appointment.
These include the advertisement for the CEO position, Board resolutions concerning Lesiyampe’s appointment as acting CEO and his subsequent contract, as well as approvals issued by the Public Service Commission or another authorised body.
He is also seeking any Gazette Notice linked to the appointment and documents demonstrating that the relevant legal requirements were followed.
The court has directed that the matter be mentioned on September 30.