NAIROBI, Kenya — A fresh petition has been filed at the Milimani High Court seeking the removal of Kenya Reinsurance Corporation (Kenya Re) Group Managing Director and Chief Executive Officer Dr. Hillary Wachinga over allegations of mismanagement, procurement irregularities, staff harassment and abuse of office.
The petition, filed by Brian Ochieng, names Dr. Wachinga and the corporation’s General Manager for Finance and Credit Control, Ruth Ngugi, as respondents. It marks the second court challenge concerning the management of the state-owned reinsurer.
According to court documents, the petitioner alleges that the two officials unlawfully assumed powers reserved for the board of directors and the human resource department by changing the corporation’s official recruitment email from recruitment@kenyare.co.ke to recruitmentkrc@kenyare.co.ke, an account allegedly accessible only by the CEO.
The petitioner contends that the move contravenes the Public Service Commission Act and applicable regulations by creating an avenue through which the CEO could influence recruitment processes and compromise transparency and merit-based hiring.
He further argues that the changes violate the corporation’s human resource policies and constitutional principles governing fair competition, accountability and integrity in public service.
Whistleblowers allege interference in recruitment
Individuals identified only as whistleblowers “John” and “Doe”, whose identities were withheld, also claim the changes raised concerns among staff over the independence of recruitment processes.
According to one whistleblower, an internal communication informed the acting Human Resources Manager that the CEO would have direct access to recruitment correspondence through the newly created email account, fuelling fears that senior management intended to exercise greater control over hiring decisions.
The petition also alleges that the General Manager for Finance and Credit Control confirmed contract employees into permanent positions despite some allegedly failing to meet the corporation’s minimum academic qualifications.
Claims of staff intimidation and constructive dismissal
The petition further accuses the management of fostering a hostile work environment through intimidation, arbitrary staff transfers and alleged constructive dismissal.
According to the whistleblowers, some employees were transferred to departments outside their areas of expertise, prompting resignations or early retirement.
The petitioners claim the alleged management practices have negatively affected staff morale and organisational performance.
Procurement and financial allegations
In addition to the human resource complaints, the petition raises several allegations relating to procurement and financial management.
The petitioner claims the CEO interfered with procurement processes by altering tender evaluation arrangements and modifying contract durations contrary to tender documents and professional procurement advice.
The petition also alleges that Dr. Wachinga travelled to Singapore for a board training programme for 13 nights, contrary to regulations governing foreign travel by chief executives of state corporations, which prescribe a shorter duration.
Other allegations include the use of corporate funds to settle a Sh500,000 personal fine imposed by the Commission on Administrative Justice, attendance at a training programme costing approximately USD43,478.19 (about Sh5.6 million) while serving a suspension, and obtaining loans amounting to Sh52 million and approving transfers from Kenya Re accounts without board approval.
The petition further alleges that the corporation has experienced favouritism, nepotism and ethnic bias in decision-making under the current leadership.
Orders sought
Among the remedies sought, the petitioner asks the High Court to declare Dr. Wachinga unfit to hold public office and to issue any other orders or declarations it considers appropriate.
The court is expected to determine whether the petition discloses sufficient grounds to proceed to a substantive hearing.
The allegations contained in the petition have not been tested in court, and Dr. Hillary Wachinga and Ruth Ngugi have not responded to the claims in the proceedings referenced above. Under Kenyan law, the allegations remain unproven unless and until determined by the court.