Court allows CA to hire only master's holders for two top jobs

The High Court has allowed the Communications Authority (CA) to restrict the recruitment of two senior officials at the state agency to master’s degree holders, after arguing that they are technical positions requiring a higher level of competence.

The two positions- director of frequency spectrum management and director of competition management- were advertised last year but the process was suspended after it was challenged in court, on grounds that it was discriminatory and meant to lock out deserving Kenyans.

CA chief executive officer Ezra Chiloba had opposed the petition arguing that the two positions are technical and will also form a pool from which a successor to the director-general position would be sourced.

In judgment, Employment and Labour relations Judge Monica Mbaru directed CA to re-advertise the positions internally and publicly, within 14 days without disadvantage to those who had already applied and those likely to apply in the extended period.

“To ensure completeness and taking into account the date the advertisements were closing the same was stopped by the court for good cause and to allow for the hearing of the petition, the 1st respondent shall post and publicise a new date for receipt of all applications. This will give interested and eligible applicants a reasonable opportunity to put in their applications,” the Judge said.

Mr Anthony Manyara filed the case arguing that the move is illegal and is meant to lock out deserving members of staff from being promoted, and also prevent qualified members of the public from applying for the jobs.

He said the advertisements were issued using new human resource policies and guidelines, prepared by State Corporations Advisory Committee (SCAC), which requires all serving and prospective employees from the position of assistant manager and above to have a minimum academic qualification of a master’s degree.

He said the new HR tools are meant to lock out deserving members of staff from being promoted because the positions require applicants to have undertaken supervisory or management courses, for between two and four weeks, from a recognized institution.

Mr Manyara said the policies and guidelines developed by SCAC for CA are illegal as they also seek to convert the employment of all serving directors from permanent and pensionable to employment on contract.

The court further directed Public Service Commission (PSC) to review, audit, and make recommendations on CA’s human resource policies and practices and report to the court within one year. 

The court said the report should state measures undertaken to harmonise the law to meet the constitutional threshold.

“The 3rd respondent (PSC) is hereby directed to develop Human Resource Policies and guidelines for the 1st respondent (CA) in strict compliance with the Constitution and the law,” the Judge said.