The Consumer Federation of Kenya has moved to the High Court seeking orders to suspend the recruitment of a new managing director and chief executive officer of Kenya Electricity Transmission Company over claims that the qualifications listed in the vacancy notice are unlawful.
In the petition, Cofek argues that Ketraco’s board introduced additional requirements that are not provided for under the Government Owned Enterprises Act, effectively locking out otherwise qualified candidates from competing for the position.
According to the lobby group, the law only requires a candidate seeking appointment as the head of a state corporation to possess a degree in a relevant field from a recognised university, have at least 10 years’ experience in a related area, at least five years in senior management and satisfy the leadership and integrity requirements under Chapter Six of the Constitution.
However, Cofek says Ketraco’s latest advertisement went further and introduced extra qualifications, including a master’s degree, a minimum of 15 years’ experience, membership to a professional body, leadership training certification and, where applicable, a practising certificate.
The organisation argues that the added conditions are not anchored in law and violate constitutional principles of fair competition, equal opportunity and access to public employment.
“In the absence of immediate intervention by this Honourable Court, the impugned process is likely to crystallise into an appointment made under a recruitment architecture that is prima facie inconsistent with statute and constitutionally tainted,” Cofek Secretary-General Stephen Mutoro states in an affidavit filed before court.
Mutoro further says Ketraco had earlier withdrawn a similar advertisement after concerns were raised about the legality of the requirements, but later re-advertised the same position using substantially similar qualifications.
Cofek now wants the court to halt the recruitment process pending hearing and determination of the petition, arguing that the office of Ketraco managing director is a critical public position that must be filled strictly in line with the law and constitutional standards on fairness, integrity and equal opportunity.
The case comes as the deadline for applications is set for June 2.
