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Kerra setback as court extends freeze on hiring of engineers
The Labour Relations Court has extended orders barring the Kenya Rural Roads Authority from hiring five cadres of directors and engineers pending a case.
The Labour Relations Court has extended orders barring the Kenya Rural Roads Authority (Kerra) from hiring five cadres of directors and engineers pending the determination of a legal challenge over alleged discrimination against engineering technologists.
The court rejected a preliminary objection by Kerra and the attorney-general, who argued that the dispute had already been handled in a separate lawsuit.
The court ruled that the objection lacked merit, stating that the petition raises a new question regarding employment discrimination.
The Institution of Engineering Technology of Kenya filed the case. It alleges that Kerra’s recruitment advertisements unlawfully discriminate against engineering technologists by requiring applicants to be registered with the Engineers Board of Kenya (EBK), while excluding those registered with the Kenya Engineering Technologists Registration Board (KETRB).
Both EBK and KETRB are statutory bodies. EBK is mandated to develop, regulate, and promote the engineering profession, while KETRB licenses professionals, regulates conduct, and enforces ethical standards for engineering technologists.
Advertised positions
The dispute arose last month after Kerra advertised vacancies for engineers and directors on December 23, republishing the notices on January 13. The Institution of Engineering Technology of Kenya contends that the advertisements unlawfully excluded its members by requiring EBK registration.
Kerra sought applicants for positions including deputy director roads, assistant director roads, principal engineer, senior engineer, and engineer.
The petitioner argues that the job descriptions align with the qualifications of bachelor of technology degree holders under the Engineering Technology Act, 2016.
However, the advertisements stipulated EBK registration as mandatory. The association asserts that its members are registered under KETRB—a statutory regulator established in 2016—and were previously regulated by EBK before the change.
“It is unfair, discriminatory, and unlawful to insist solely on EBK registration, as it excludes technologists accredited by KETRB,” the petition states.
It further notes that Public Service Commission career guidelines do not distinguish between science and technology engineers in separate cadres.
The association wrote to Kerra on December 24, demanding a recall of the advertisements within seven days.
A follow-up demand letter was sent on January 5, and Kerra responded on January 5 and January 12, maintaining compliance with regulations before republishing the advertisements on January 13.
Kerra opposed the case through an affidavit and a preliminary objection, arguing that the matter was res judicata—already settled by the Supreme Court in a 2019 case against the Engineers Registration Board—and should therefore be dismissed.
The association countered that res judicata applies only when identical parties litigate the same issue that a competent court has previously decided. It emphasised that the current case involves different parties and raises distinct legal questions.
In its ruling, the court agreed that the earlier Supreme Court case addressed whether technologists could register under EBK, not whether hiring rules discriminate in public recruitment.
“The issue before this court pertains to employment discrimination,” the court stated, clarifying that the Supreme Court had not ruled on this question and that the parties involved differed from those in the prior case.
The court dismissed Kerra’s objection as lacking merit, upheld the conservatory order, and directed both parties to file and exchange submissions ahead of a hearing scheduled for March 23, 2026.
Kerra maintains that its advertisements comply with legal requirements, while the petitioner seeks a judicial determination on whether the EBK-only requirement unlawfully discriminates against KETRB-registered technologists.
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