lowereas
The planned recruitment of a new Chief Executive Officer (CEO) for the Tanathi Water Works Development Agency has been suspended following a court order citing serious integrity concerns and possible violations of the law.
Kitui Chief Magistrate David Mburu issued the directive halting the process, including interviews scheduled for August 12, after a petition was filed by Mr. Timothy Isuza. The case raises alarms over the qualifications and ethical standing of several shortlisted candidates.
In his ex parte orders, Magistrate Mburu noted that the petition raises substantial constitutional issues. “The application is certified as urgent,” he ruled, adding that the respondents must be served and the matter will be mentioned on August 7 for further directions.
Mr. Isuza’s petition alleges that some of the shortlisted individuals fail to meet the basic qualifications as outlined in the job advertisement and the agency’s own Human Resource Policy. He further claims that some candidates have unresolved integrity issues, making the entire recruitment exercise questionable and potentially unconstitutional.
Among those shortlisted is Mr. Francis Kyalo Siva, currently the General Manager for Infrastructure Development at Tanathi. However, his eligibility has come under scrutiny after the Engineers Board of Kenya (EBK) questioned his professional standing.
Also on the list are Dennis Mulu, Joseph Ndiku, Mohammed Omar, Gilbert Biwott, John Musyoka, Sammy Naporos, Mohammed Abdikadir, and Ismael Mohamuud.
The EBK, which regulates engineering practice in the country, has previously flagged both Mr. Siva and the acting CEO, Mr. Kyengo, for lacking mandatory professional engineering registration. Despite being graduate engineers, neither of the two is licensed as a professional engineer an essential requirement for leading public infrastructure development agencies.
A letter dated June 27, 2025, from EBK Registrar and CEO Eng. Margaret Ogai, emphasized that both Mr. Kyengo and Mr. Siva are in breach of Sections 47 and 49 of the Engineers Act. The law forbids individuals who are not licensed professional or consulting engineers from using the title “Engineer” or signing engineering-related documents.
“Any person who is not registered as a professional or consulting engineer but uses the title ‘Engineer’ commits a punishable offence under the Act,” the EBK warned.
Violation of the Engineers Act could lead to fines of up to Sh2 million, imprisonment for up to five years, or both, upon conviction.
The unfolding legal battle casts a shadow over the leadership transition at Tanathi and raises broader questions about enforcement of professional standards in public sector appointments.
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