A Nakuru-based doctor and two other petitioners have moved to court to challenge the appointment of Dr. Waqo Dulacha Ejersa as the Chief Executive Officer of the Kenya Medical Supplies Authority (KEMSA), accusing him of violating the Constitution by running for elective office while still serving as a senior civil servant.

In a petition filed at the Employment and Labour Relations Court on 2nd, Aug 2025, Dr. Magare Gikenyi, activist Dishon Mogire, and Philemon Nyakundi argue that Dr. Waqo's bid for the Saku parliamentary seat in Marsabit County during the 2022 General Election was unlawful, as he failed to resign from his Ministry of Health position as required under Article 99(2) of the Constitution.

The article demands that public officers resign at least six months before an election if they intend to contest.

Dr. Waqo, who joined the Ministry of Health in 1996, ran under the Jubilee Party ticket and came second with 6,441 votes. Court documents claim he “quietly resumed” his civil service role after the loss without a formal resignation on record, terming the return “a deliberate abuse of office.”

The petitioners insist that Waqo’s continued service, subsequent promotion in 2024 to Senior Deputy Director of Medical Services, and recent appointment as KEMSA CEO demonstrate a serious breach of the Constitution and an institutional failure by several state bodies. “This is not a technicality, it’s a constitutional violation,” Dr. Magare asserts.

They also challenge the legality of Waqo’s appointment by the KEMSA Board, citing a series of procedural irregularities.

According to attached documents, the Board ignored the Health Cabinet Secretary’s preferred nominee, Dr. Andrew Mutava Mulwa, who had been recommended following interviews on June 28, 2024. The Board instead appointed Dr. Waqo on July 23, just days after the Cabinet was dissolved, a move the petitioners claim overstepped legal authority.

“This is a textbook case of impunity,” said Nyakundi. “The KEMSA Board disregarded constitutional mandates and integrity standards.”

The petition further accuses the KEMSA Board of making illegal administrative changes, including the creation of non-existent positions such as “Officer, Board Secretariat.”

Eleven respondents are named in the case, including Dr. Waqo, KEMSA, the Ministry of Health, the Public Service Commission, the Ethics and Anti-Corruption Commission (EACC), the Attorney General, and the IEBC, which cleared Dr. Waqo to run in 2022 despite the alleged non-compliance with Article 99.

The petitioners want the court to declare Waqo’s appointment null and void, arguing it contravened multiple legal provisions, including the KEMSA Act, the Leadership and Integrity Act, and the Election Offences Act.

Dr. Waqo and other respondents have filed preliminary objections, arguing the case is time-barred under the Law Reform Act and related judicial review rules, which limit such actions to within six months or six weeks, depending on the nature of the grievance.

“This petition is not about personalities,” said Dr. Magare. “It is about protecting the integrity of public service and ensuring our laws are respected.”