The ruling gives lawyer Henry Kurauka a major win after he successfully defended Dr. Masha.
Court upholds NSDCC Board decision
Kurauka told the court that the NSDCC Board had the authority to renew the CEO’s contract.
He argued that the Cabinet Secretary for Health could not reduce the contract term to one year.
According to Kurauka, the law and the Mwongozo Code of Governance for State Corporations allow a three-year renewal period.
Petition challenged Dr. Masha’s contract renewal
Stephen Ojwang filed the petition through lawyer Lempa.
In the case, Ojwang requested information about Dr. Masha’s employment status through a letter dated September 16, 2024.
He copied the letter to the Ministry of Health and the State Corporations Advisory Committee.
The petitioner argued that Dr. Masha, the Chairperson, and the NSDCC Board failed to provide information required under Article 35 of the Constitution.
Petitioner sought to stop Dr. Masha from serving
Ojwang asked the court to order Dr. Masha to step aside until it determined the legality of her contract renewal.
He also wanted the court to declare her actions during the disputed period invalid.
Additionally, the petitioner requested nine documents, including her first and second appointment letters from the Ministry and the Board.
He also requested a copy of her letter to the Board Chairperson.
Kurauka defends Dr. Masha’s appointment
Dr. Masha told the court, through Kurauka, that she became NSDCC CEO on June 4, 2020, for a three-year term.
She explained that the organisation followed a fair, competitive, and open recruitment process.
The process identified her as the best candidate for the position.
Furthermore, Kurauka argued that Dr. Masha delivered good results and deserved contract renewal after a performance review.
He maintained that the Board followed the law during the renewal process.
Court finds no violation of rights
In his ruling on July 10, 2025, Justice Nduma found that Ojwang failed to prove any violation of rights or public interest concerns.
The judge noted that the NSDCC Council acted within its mandate as the appointing authority.
Therefore, the court upheld Dr. Masha’s contract renewal and dismissed the petition.
