A petition has been filed at the Employment and Labour Relations Court seeking to nullify the appointment of Dr Waqo Dulacha Ejersa as the Chief Executive Officer (CEO) of the Kenya Medical Supplies Authority (KEMSA). The petition, lodged by Nakuru-based medical doctor Magare-Gikenyi alongside activist Dishon Mogire and Philemon Nyakundi, argues that Dr Waqo’s appointment violates the Constitution due to his participation in the 2022 General Election while still serving in a senior capacity within the Ministry of Health.
The petitioners contend that Dr Waqo, who joined the Ministry of Health in 1996, did not resign from his public service role before contesting the parliamentary seat for Saku Constituency in Marsabit County on a Jubilee Party ticket during the last general election. They argue that this was a clear violation of Article 77 and other related provisions of the Constitution, which require public officers to resign from their positions before seeking elective office.
“He was a civil servant. He contested for an MP seat in Saku Constituency under Jubilee Party (formerly TNA) without resigning as required by law,” said Dr Magare.
The petitioners assert that Dr Waqo’s failure to comply with the constitutional requirement disqualifies him from holding any future appointment in public service. They further argue that the violation is not a mere technical oversight but a substantive breach of Kenya’s legal and constitutional framework.
They are now urging the court to declare his appointment as null and void, stating that allowing him to continue in office would set a dangerous precedent that undermines public accountability and the integrity of Kenya’s public service.
Dr Waqo’s appointment as KEMSA CEO came amid a wave of reforms aimed at restoring the agency’s credibility following years of corruption scandals. The court is expected to deliberate on the merits of the case and determine whether the appointment stands in violation of the law.
This case could have far-reaching implications for civil servants with political ambitions, reinforcing the constitutional requirement to resign before entering the political arena.
