Kenya Re bosses deny claims of poor governance, harassment in removal petition

In court documents seen by Citizen TV, the two, through their lawyer Peter Wanyama, argue that the petitioner failed to exhaust the dispute resolution mechanisms provided under various laws before moving to court.

In a response filed on Monday, the two dismissed allegations raised by petitioner Brian Ochieng, who is seeking, among other orders, a declaration that Dr. Wachinga is unfit to hold public office.

In his petition, Ochieng alleges that the two executives usurped the powers of the Kenya Re board and the human resource department by unilaterally changing the corporation's repository email application from recruitment@kenyare.co.ke to recruitmentkrc@kenyare.co.ke, where only the first respondent (Dr. Hillary Wachinga, the Group MD) has access. 

Responding to the allegations, including claims relating to an alleged Ksh.52 million loan and payments for unauthorized training, Dr. Wachinga argued that the matters fall within the jurisdiction of other statutory bodies.

"The State Corporations Advisory Committee (SCAC) is mandated to investigate these matters. Additionally, the petitioner has the option to lodge a complaint with the Ethics and Anti-Corruption Commission, which is mandated under the Ethics and Anti-Corruption Commission Act, 2011 to investigate allegations," Dr. Wachinga stated.

"The doctrine of exhaustion of remedies requires the petitioner to first exhaust these avenues before filing the instant case in court."

The Kenya Re chief also rejected allegations of procurement irregularities, arguing that the Public Procurement and Asset Disposal Act, 2015 provides a clear process for handling procurement-related complaints.

"Under the provisions of the Public Procurement and Asset Disposal Act, 2015, complaints regarding the procurement system are first addressed by the Public Procurement Regulatory Authority," he said.

According to the response, the petitioner ought to have first lodged a complaint with the Public Procurement Regulatory Authority before instituting court proceedings.

On allegations that he unlawfully altered tender timelines and contravened tender documents, Dr. Wachinga specifically addressed Tender No. KRC/2023/2179/360 for consultancy services for asset valuation.

"This tender has been the subject of juridical determination by the High Court in Nairobi Judicial Review proceedings, and judgment was issued on 2nd March 2026. There is no provision in the Public Procurement and Asset Disposal Act, 2015, or the Constitution of Kenya that allows another judge of the High Court to sit on a review or appeal of this decision," he stated.

He further argued that the same tender had already been determined by the Public Procurement Administrative Review Board.

"The tender has been the subject of determination by the Public Procurement Administrative Review Board in Application No. 41 of 2026, *Ebony Estates Limited v Kenya Reinsurance Corporation Ltd. The Board's decision was issued on 2nd April 2026. There is no provision in the Public Procurement and Asset Disposal Act, 2015, or the Constitution of Kenya that allows the High Court to review this decision outside the 14-day window," Wachinga stated.

The petition also accuses Dr. Wachinga of using Kenya Re funds to settle a personal fine of Ksh.500,000 imposed by the Commission on Administrative Justice.

In response, he said the matter has already been determined by the High Court and is now pending before the Court of Appeal.

"The High Court delivered judgment on 11th May 2026, and Kenya Reinsurance Corporation Limited has challenged the decision in the Court of Appeal. The matter is pending determination by the Court of Appeal. The High Court does not have jurisdiction to review matters pending before the Court of Appeal," he noted. 

On allegations of intimidation, micromanagement and workplace misconduct, Dr. Wachinga maintained that the petitioner should have first sought redress through the Commission on Administrative Justice.

"Under the provisions of the Commission on Administrative Justice Act, the petitioner has a right to complain to the Commission on Administrative Justice, which has powers to investigate conduct in state affairs, complaints of abuse of power, unfair treatment, manifest injustice and unlawful, oppressive, unfair or unresponsive official conduct within the public sector," he stated.

"The doctrine of exhaustion of remedies requires the petitioner to first exhaust the remedies under the Commission on Administrative Justice Act before filing the instant case in court."

The matter came up for mention before Justice Patricia Nyaundi on Tuesday. The judge issued a temporary injunction restraining Dr. Wachinga, Ruth Ngugi and Kenya Reinsurance Corporation from interviewing applicants, processing applications or issuing employment contracts for positions advertised in a newspaper notice dated June 4, 2026, pending the hearing and determination of the petition.