Appointment of Dr Richard Lesiyampe as KNH boss challenged

Kenyatta National Hospital Chief Executive Officer Richard Lesiyampe Leserian. [File, Standard]

A Nairobi lawyer has moved to the High Court challenging the appointment and continued occupation of the office of Kenyatta National Hospital Chief Executive Officer by Richard Lesiyampe Leserian.

In a petition filed at the High Court’s Constitutional and Human Rights Division, advocate Samwel Muiruri Mwangi claims the appointment raises serious questions over compliance with the Constitution, the Public Service Commission Act and regulations governing senior public appointments.

Mwangi wants the court to suspend the implementation and operation of Lesiyampe’s appointment and restrain him from continuing to exercise the powers and functions of KNH chief executive pending determination of the petition.

The petitioner says the dispute centres on whether a public officer who had attained the mandatory retirement age could lawfully be appointed or retained in one of the highest executive offices within a State Corporation without strict compliance with the law.

“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 court papers, Lesiyampe was appointed to act as KNH CEO on August 19, 2025, pending substantive recruitment to fill the position.

The petitioner says that on June 29, 2026, the KNH Board of Management resolved to appoint Lesiyampe on a one-year fixed-term contract beginning July 1, 2026 and ending June 30, 2027.

However, Mwangi claims he has been unable to identify any public advertisement inviting applications for the CEO position, Gazette Notice or other public legal instrument evidencing the appointment.

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He further claims the respondents have not publicly demonstrated compliance with the Constitution, Public Service Commission Act, State Corporations Act, KNH Board Order or Mwongozo Code of Governance for State Corporations.

The petitioner also alleges that Lesiyampe had attained the mandatory retirement age before the contested appointment and says no exemption, extension or approval authorising post-retirement engagement has been publicly disclosed.

The court papers cite Section 80 of the Public Service Commission Act and Regulation 70 of the Public Service Commission Regulations, 2020, which the petitioner says govern post-retirement engagement.

Mwangi argues that KNH, being a State Corporation, was required to comply with succession planning and transparent, merit-based recruitment requirements.

He says the continued occupation of the office risks undermining “the constitutional values of transparency, accountability, merit, equal opportunity and the rule of law.”

The petitioner has also asked the court to compel the KNH Board to produce documents including the advertisement for the CEO position, Board resolutions concerning Lesiyampe’s acting and subsequent appointment, approvals from the Public Service Commission or other competent authority, any Gazette Notice and documents showing compliance with the relevant statutory provisions.

The petition has been filed against the Cabinet Secretary for Health, KNH Board of Management, Public Service Commission and Attorney-General, with Lesiyampe named as an interested party.

Justice David Mburu, however, declined to certify the matter as urgent and ordered the petitioner to serve the CEO within seven days.

The judge ordered the case to be mentioned on September 30, 2026.