Matters do not seem to be getting any better at the Rural Electrification and Renewable Energy Corporation (REREC) with disgruntled members of staff openly complaining about how promotions are skewed in favour of certain ethnic groups.
The Law firm of TM Nyaga & Co Advocates has also weighed in, through a letter dated 8th August 2023, probably acting on behalf of the staff, the law firm addressed a letter to the CEO Peter Mbugua in which they intend to sue the REREC Board and the acting General Manager Finance and ICT Mr Davis Cheruiyot over his irregular promotion.
The law firm is acting on behalf of two petitioners Peter Odhiambo and Eric Omeny. The letter claimed that Mr Cheruiyot has already received a letter of appointment as General Manager of Finance and ICT and is currently under the mandatory three months probation period awaiting confirmation as substantive holder of the position. The letter claims that the said promotion of Mr Cheruiyot was irregular as it was predetermined by the board against the spirit and principle of fair competition and merit as stipulated in Article 232(1).
The lawyers claimed that the advertisement of the position was rushed ostensibly to achieve a predetermined outcome of the process, characterized by bad faith, and termed the whole process as a sham. The letter reads in part “That further to this Mr. Cheruiyot has been suspended by REREC management and not once from office on allegation of irregular payment of invoices together with payment of certificate of survey for projects that did not exist amounting to more than Sh400m”.
It is further claimed that Cheruiyot was cleared in unclear circumstances. The letter further reads “It is uncontroverted that Mr. Davis is unfit to hold public office as while serving at the finance department he violated, infringed and threatened ethics and integrity laws and the laws of public finance management”.
The law firm is now demanding from the CEO documents such as minutes of the board meeting showing the evaluation of the candidates and the resolutions about each application including the list of all applicants, shortlisted candidates, and marks scored by each applicant during the interviews.
The letter further gave the CEO to provide the requested information within 14 days by Article 35 on the right to information. The letter reads in part “failure to which we shall institute legal proceedings on behalf of our clients without further notice to you in this regard and at your peril”. The letter is copied to the Board Chairman and General Manager of Human Resources and Administration.