A court has ordered the Kenya Airports Authority to stop the ongoing recruitment of a new managing director and disclose the names of shortlisted candidates who applied for the vacancy in June last year before it was re-advertised in December.
Employment and Labour Relations court judge Hellen Wasilwa issued the orders following a petition by a lawyers’ lobby group, Gema Watho Association, which sued, questioning the transparency of the process.
The vacancy was first advertised on June 11, 2024. The lobby alleges that although KAA received applications and interviewed candidates on December 4, 2024, it re-advertised the vacancy on December 20, 2024, without disclosing reasons for opting to repeat the process.
Justice Wasilwa said the lobby group and lawyer Francis Njoroge have established a strong case against the KAA to warrant halting the recruitment pending the determination of the petition.
“Indeed, there was an advertisement for the position of MD of KAA and shortlisting was done. It is not clear why there was a re-advertisement of the same position without explaining why the previous advertisements have not borne fruit. This is indeed a breach of article 201(d) which states that public money shall be used in a prudent and responsible way,” said the judge.
The court also ordered KAA to disclose information concerning the recruitment by furnishing the lobby group with a certified copy of the list of candidates who applied for the vacancy and were shortlisted for the job.
It was also directed to disclose the names of persons who sat in the interview panel, the score sheet submitted by each panel member with respect to every interviewed candidate, and the minutes of the panel.
Also wanted is a copy of the minutes of the KAA board of directors approving the re-advertisement of the vacancy. Justice Wasilwa directed that the disclosures be done within 14 days.
The lobby group and Mr Njoroge have listed KAA, its board chairperson Caleb Kositany, Cabinet Secretary for Roads, and the Attorney General as respondents in the petition.
It is the group’s case that the KAA’s action of re-advertising the managing director position sought to “circumvent the original recruitment process so as the respondents’ candidate of choice could be unlawfully appointed”.
They alleged that the actions violated Article 10 of the Constitution, as it was devoid of transparency and accountability by failing to provide the reasons for the re-advertisement.
KAA had opposed the application, arguing that the case failed to disclose any constitutional violations.
It added that the allegations made were unfounded and that the application was premature. It also contended that the application did not meet the threshold for access to information.
But Justice Wasilwa ruled in favour of the lobby group and said that the balance of convenience tilted to the grant of conservatory orders against the recruitment or further re-advertisement.
“A conservatory order is issued to restrain the respondents, their agents, and servants from recruiting, processing, interviewing or appointing any person for the position of its managing director further to the re-advertisement of that vacancy on December 20, 2024, pending the hearing and determination of this Petition. The respondent to forthwith supply the information sought,” she ordered.
The lobby group and lawyer Njoroge have listed KAA, its board chairperson Caleb Kositany, Cabinet Secretary Ministry of Roads, and the Attorney General as respondents in the petition.
It is the group’s case that the KAA’s action of re-advertising the Managing Director position sought to “circumvent the original recruitment process so as the respondents’ candidate of choice could be unlawfully appointed”.
They alleged that the actions violated Article 10 of the Constitution as it was devoid of transparency and accountability by failing to provide the reasons for the re-advertisement.
KAA had opposed the application, arguing that the case failed to disclose any constitutional violations.
It added that the allegations made were unfounded and that the application was premature. It also contended that the application did not meet the threshold for access to information.
But Justice Wasilwa ruled in favour of the lobby group and said that the balance of convenience tilted to the grant of conservatory orders against the recruitment or further re-advertisement.
“A conservatory order is issued to restrain the respondents, their agents, and servants from recruiting, processing, interviewing or appointing any person for the position of its Managing Director further to the re-advertisement of that vacancy on December 20, 2024, pending the hearing and determination of this Petition. The respondent to forthwith supply the information sought,” she ordered.
