By Anderson Ojwang
The Commission on Administrative Justice (Ombudsman) has recommended that the Kenya Institute of Primate Research (KIPRE) Board, in consultation with the line Cabinet Secretary, revoke the appointment of the Director General, Dr Peter Gichuhi.
The commission also recommended that the post be advertised within fourteen days from the date of receipt of this decision in compliance with the law.
The Commission also recommended that the KIPRE Board recruits a qualified Corporation Secretary in line with the statutory requirements and ensures alignment of all future recruitment processes and staff roles with the guiding legal framework.
“That the Inspector-General (Corporations), as mandated under Section 18 and 19 of the State Corporations Act, immediately carry out investigations and advise the Auditor General on the amount to be surcharged for any loss caused due to any negligence or misconduct so established,” the Commission said.
The Ombudsman also wanted the Public Service Commission and the Ethics and Anti-Corruption Commission to submit the results of their investigations within sixty (60) days of receipt of this Determination.
Allegations
Following a complaint filed with the Commission by an anonymous complainant on 6th August 2024 against the Board of the Kenya Institute of Primate Research (KIPRE), formerly the Institute of Primate Research (IPR), alleging irregularities in the appointment of Dr Peter Gichuhi Mwethera as the Director General and Chief Executive Officer of KIPRE on 1st July 2024.
The complainant alleged that Dr Mwethera was first appointed in an acting capacity as the Director of the Institute of Primate Research on 16th July 2021 for a period of three years, which ended on 15th July 2024.
That just before the end of the initial contract, Dr Peter Gichuhi was appointed as the Director General of KIPRE on 1st July 2024, which appointment would result in him receiving a double salary and attendant benefits for the month of July 2024.
That the recruitment was unlawful as Dr Peter Gichuhi had attained the mandatory retirement age of 60 years before the appointment was done, as his Birth Certificate indicates his year of birth as 10th April 1964, meaning that he attained 60 years on 10th April 2024.
That the recruitment process was flawed as it was concluded after receiving and considering only two applications, without extension of the advertisement period or re-advertisement of the vacancy in light of the limited response.
That the vacancy for the Director General position was advertised solely on the MyGov platform and not in any other media or publication.
That there was an alleged irregular promotion of Ms Lucyline Mbogori to perform the duties of a Corporation Secretary without a formal appointment.
The complainant sought to have the matter investigated and appropriate remedial action taken in accordance with the law.
Action
The Commission initiated an inquiry with the Ministry of Health via a letter dated 6th August 2024 and a reminder dated 23rd September 2024, as well as with the Public Service Commission via letter dated 4th November 2024 and a reminder dated 16th January 2025.
The Commission received a response from the PS, State Department for Public Health and Professional Standards, via letter Ref: SDPH&PS. BOARDS/13/1/VOLII/31 dated 24th October 2024.
Response
That Dr Peter Gichuhi was initially appointed as the substantive Director of the Institute of Primate Research (IPR), formerly a Directorate of the National Museums of Kenya, by the National Museums of Kenya Board of Directors with effect from 16th July 2021 for a period of three years contract renewable on mutual agreement by both parties, and not as Acting Director General.
That due to the increased mandate of the Institute of Primate Research (IPR), it was transitioned from the National Museums of Kenya to the Kenya Institute of Primate Research (KIPRE) through Executive Order No. 2 of 2023, under the Ministry of Health, State Department for Public Health and Professional Standards.
That to operationalise KIPRE, the Cabinet Secretary, Ministry of Health appointed a Board of Directors which held its inaugural meeting on 8th December 2023, wherein the Board in consultation with the Ministry appointed Dr Peter Gichuhi as the DG and CEO in acting capacity with effect from 1st July 2024 to operationalise the KIPRE Institute in anticipation of the lapse of his previous contract on 15th July 2024.
That Dr Peter Gichuhi is a Research Scientist and, according to PSC Circular Ref: PSC/ADM/13(7) of 19th November 2020 and the approved KIPRE Human Resource Policy and Procedures Manual, the retirement age for Research Scientists is 65 years.
That the retirement of CEOs is based on the Head of Public Service Circular Ref: No. OP/CAB.9/1A dated 27th February 2018 and Ref: No. PSC/ADM/13(41) of 4th April 2023, pegging the retirement in respect of CEOs of State Corporations to the legislation of Mwongozo, the Code of Governance for State Corporations, subject to satisfactory evaluation by the Board as a guiding principle, and that the PSC Act on mandatory retirement age shall not apply.
That the Institute advertised the position of the DG based on the approved Human Resource Policy and Procedures Manual and Career Guidelines via the KIPRE website and MyGov. The Government, via Circular No. OP/CAB 58/4A of February 2017, directed the Accounting Officers to channel all their advertisements through MyGov, which is a wide-circulating platform.
The Commission received another response from the Chairperson of the KIPRE Board via letter reference KIPRE/BOD/ADMIN/DG/007/2024 dated 14th October 2024, which reiterated the response from the PS.
That as per the KIPRE Human Resource Policy and Procedures Manual, the retirement age for research scientists is 65 years and not 60 years, and therefore Dr Peter Gichuhi was qualified for appointment as he had not attained 65 years.
That Dr Peter Gichuhi was appointed as acting DG and CEO on 1st July 2024 pursuant to a consultative process between the Ministry of Health under a Concurrence letter Ref: MOH/ADM/VOL III/187 dated 11th June 2024, approval of KIPRE Human Resource Instruments by the State Corporations Advisory Committee (SCAC) and the Public Service Commission. That he did not receive a double salary for the month of July 2024; he received only one salary.
Determination
The Commission, having analysed the complaint, response and supporting documents, resolved:
- That the advertisement for the position of DG of KIPRE met the required threshold.
- That the recruitment to the position of DG for KIPRE was irregular.
- That the promotion of Ms Lucyline Mbogori to undertake corporation duties was irregular.
