NAIROBI, Kenya – The High Court in Nairobi has issued a conservatory order temporarily stopping the appointment of Bruno Oguda Obodha as the Managing Director of East Africa Portland Cement Company (EAPCC).
Justice Bahati Mwamuye issued the ruling on January 3, 2025, in response to a legal challenge filed by Caroline Wambui Mwangi.
The court has scheduled the matter for mention on February 12, 2025, and directed all respondents to be served with the application and court orders by January 6, 2025.
In her petition, Wambui contends that the process leading to Obodha’s appointment lacked transparency and violated constitutional principles of public participation and accountability.
She specifically challenged the claim that the Public Service Commission (PSC) was involved in the nomination process, arguing that no evidence substantiates the PSC’s role.
“The process triggering the nomination of Mr. Obodha was completely shrouded in mystery and not accountable to the public, as mandated by Article 10 of the Constitution,” Wambui stated in court filings.
Justice Mwamuye’s order effectively suspends any actions related to Obodha’s appointment, including a December 20, 2024, presidential notification and other supporting instruments.
The judge ruled:
“Pending the inter partes hearing and determination of the Notice of Motion Application dated 02/01/2025, a conservatory order is hereby issued suspending the Press Release (Notification of Presidential Action) and any other instruments designating, nominating, or appointing Mr. Bruno Oguda Obodha as the Managing Director of the 2nd Respondent.”
The court also restrained the respondents—including the Attorney General, EAPCC, and its board—from implementing or acting upon the contested appointment.
Wambui’s legal challenge raises questions about governance and adherence to constitutional principles in public appointments.
Justice Bahati Mwamuye issued the ruling on January 3, 2025, in response to a legal challenge filed by Caroline Wambui Mwangi.
The court has scheduled the matter for mention on February 12, 2025, and directed all respondents to be served with the application and court orders by January 6, 2025.
In her petition, Wambui contends that the process leading to Obodha’s appointment lacked transparency and violated constitutional principles of public participation and accountability.
She specifically challenged the claim that the Public Service Commission (PSC) was involved in the nomination process, arguing that no evidence substantiates the PSC’s role.
“The process triggering the nomination of Mr. Obodha was completely shrouded in mystery and not accountable to the public, as mandated by Article 10 of the Constitution,” Wambui stated in court filings.
Justice Mwamuye’s order effectively suspends any actions related to Obodha’s appointment, including a December 20, 2024, presidential notification and other supporting instruments.
The judge ruled:
“Pending the inter partes hearing and determination of the Notice of Motion Application dated 02/01/2025, a conservatory order is hereby issued suspending the Press Release (Notification of Presidential Action) and any other instruments designating, nominating, or appointing Mr. Bruno Oguda Obodha as the Managing Director of the 2nd Respondent.”
The court also restrained the respondents—including the Attorney General, EAPCC, and its board—from implementing or acting upon the contested appointment.
Wambui’s legal challenge raises questions about governance and adherence to constitutional principles in public appointments.
