A Kenyan court has nullified the appointments of Bernard Njiraini as chief executive of the Kenya Bureau of Standards (KEBS) and Bernard Ngore as chairman of the National Standards Council (NSC), ruling the process violated constitutional requirements for transparency and public involvement.
Justice Maureen Onyango of the Employment and Labour Relations Court declared the appointments invalid, stating officials were selected without adhering to legal frameworks that mandate open recruitment. The decision specifically targeted Njiraini's CEO appointment and the selection of NSC board members including Mary Wanja Matu, Helen Kabeti, and Patrick Musiu.
The court ordered Cabinet Secretary for Industry, Trade and Cooperatives Betty Maina and Attorney General Kihara Kariuki to reappoint NSC leadership in compliance with constitutional and legislative standards. Justice Onyango emphasized the appointments were "invalid, null and void ab initio," citing procedural failures.
The controversy began in November 2019 when Maina appointed Ngore as NSC chair and 11 board members, a move challenged by activist Okiya Omtatah. He argued the process lacked transparency and that Njiraini, who ranked sixth in interviews, was improperly elevated. Ngore later secured temporary court relief to retain his position despite Maina's initial revocation.
Njiraini faced additional scrutiny in July 2020 when Ethics and Anti-Corruption Commission (EACC) officers arrested him for obstructing investigations into KEBS procurement practices. He was charged with withholding documents related to multimillion-shilling tenders, including those involving blacklisted firms EAA Company Ltd and Auto Terminal Japan.
A 2020 Public Investments Committee report recommended sanctions against Njiraini and KEBS procurement staff over alleged irregularities. The National Assembly endorsed the findings, urging financial penalties if bidders contested the tender awards. The Auditor-General had previously barred the blacklisted firms from participating in KEBS contracts.