JUDGMENT OF THE COURT
1. This appeal emanates from a constitutional petition filed by the 1st respondent against the 2nd appellant challenging the 1st appellant’s re-appointment for a 3rd term, to the position of Executive Director of the Kenya Forestry Research Institute (KEFRI) by the 2nd appellant on 10th April, 2015.
2. A brief background of this case is that KEFRI is a state corporation established under the Science, Technology and Innovation Act, 2013. The 1st appellant (Ben Chikamai), was the Chief Executive Officer (CEO) and a director of KEFRI whose first appointment to office was on 1st May, 2009 for a term of 3 years. He was thereafter re-appointed for his second term with effect from 1st May, 2012 for a further 3 years which term was bound to expire on the 30th of April, 2015.
3. During the said 1st and 2nd tenure of the 1st appellant as CEO of KEFRI, his appointment process was guided by Government Circular Reference No. OP/CAB.9/1A dated 23rd November, 2010 issued by the th…