The High Court order came after the Director of Public Prosecutions (DPP) Keriako Tobiko rejected a request to reinstate Kerich.
Tobiko said there is an ongoing investigation by the Ethics and Anti-Corruption Commission (EACC) and police into the allegations of fraud and irregularities in the fund with regard to the Civil Service Medical Scheme.
“It would therefore at this stage be both speculative and premature on my part to give directives you have requested,” said Tobiko in a letter to Nyong’o.
On Wednesday, it emerged that Nyong’o had recalled the suspended Kerich, saying he had been cleared of any wrongdoing and should therefore be allowed back into office.
He went further and recalled Adan, who is also an Undersecretary in his ministry, but who had been seconded to the NHIF caretaker board, back to his job.
But Adan appears to be staying put following a letter written by the NHIF caretaker committee chairman Mutuma Mugambi objecting to Nyongo’s order that he vacates the CEO’s office for Kerich.
KMA in its suit argued that as much as the President has powers to constitute the NHIF board, he should do so in accordance with the relevant laws.
The association said the manner President Kibaki exercised his powers in appointing the caretaker board broke the law.
Two months ago, the PM Raila Odinga announced that President Kibaki, following the alleged Sh4.3 billion scandal in the medical scheme for civil servants, had approved names of the caretaker board.
On May 7, the PM issued a statement suspending the NHIF board followed by President Kibaki’s endorsement of the caretaker board two days later.
In his letter copied to EACC acting CEO Jane Muthaura, Police Commissioner Mathew Iteere, Medical Services PS, Mary Ngari, and the PS in the Prime Minister’s Office Mohamed Isahakia, Tobiko said the caretaker committee should remain in office until investigations are concluded.