Public Service Commission (PSC) has cancelled an earlier recruitment of Data Commissioner after signing an out-of-court deal with a city lawyer who had challenged the hiring process.
In the consent filed before Employment and Labour Relations court, PSC and lawyer Adrian Kamotho agreed that the commission starts the process afresh ‘in accordance with the law’.
The PSC had shortlisted 10 candidates, who were to appear for interviews early this month. But Mr Kamotho obtained orders stopping the process, arguing that it was irregular for breaching timeliness and mandatory procedures.
He said PSC did not reveal the origin and time of notification giving rise to the declaration of the vacancy.
The lawyer said the failure to disclose the origin is contrary to the national values and principles of good governance and transparency, which require the state to publish and publicise any important information affecting the state.
Mr Kamotho had written to PSC seeking information on the issue but he said the commission “casually” disregarded his queries, “depicting an absolute lack of legal basis to proceed with the recruitment as purported”.
He said the methodology and system used to shortlist the applicants is not known in law and contravenes the rules of natural justice.
“The Respondent has refused to avail the notification of vacancy prescribed under section 6 (1) of the Data Protection Act, that was relied upon to declare the vacancy for the position.
“Therefore, the recruitment process remains mysterious and contrary to the fundamental tenets of transparency and openness in public affairs,” he said.