Auditor General Edward Ouko has declared the current KNH board unconstitutional for lack of regional balance in the share of the slots.
In an audit report for fiscal year ending June 30, 2015, Ouko says the board has eleven members out of whom 36 per cent are from one ethnic community contrary to the National Cohesion and Integration Act.
Ouko said the NCI Act 2008 states that no single ethnic community should constitute more than 33 per cent of board members of a national institution.
“The board, as currently constituted, is in breach of the law,” the audit report said.
The board comprises of Mark Kipkemio (chairman), PSs Dr Kamau Thugge (National Treasury), Nicholas Muraguri (Health), and Prof Isaac Kibwage (Principal College of Health Science).
Others are Peter Kiplagat (KMTC director), non-executive directors Dr Danniel Mukiri, Hellen Chebet and Richard Thuo.