The recruitment of the next aviation regulator’s chief executive officer has been suspended following a court challenge.
The High Court suspended the recruitment and appointment process until an application seeking broader conservatory orders against the Kenya Civil Aviation Authority (KCAA) board is heard and determined.
The dispute centres on a recruitment process advertised on April 24, days after the terms of five KCAA board members allegedly lapsed, triggering claims that the board lacked legal authority to oversee the hiring exercise.
The recruitment was triggered by the exit of Emile Nguza Arao, whose three-year contract as KCAA director-general ended on April 22. Following his departure, the authority appointed Nicholas Bodo in an acting capacity.
The court case lodged by a petitioner named Humphrey Bulimu claims that board vacancies, expired terms and quorum deficiencies undermined the validity of major decisions at the State agency. He argues that the board lacked the mandatory quorum required under Section 17(2) of the Civil Aviation Act when it resolved to advertise and commence the recruitment exercise.
He wants the court to declare the entire process unlawful, unconstitutional, null and void.
The petition also targets board member Anne Too, whose continued tenure is being challenged. Mr Bulimu argues that Ms Too’s appointment was tied to the unexpired term of a previous board member and that her mandate ended on April 20.
He wants the court to declare that any participation by her in board business after that date is unlawful.
According to the petition, the terms of five other board members also expired on April 20, leaving the board without the quorum required to transact business. The petitioner contends that a board lacking a quorum could not lawfully initiate or supervise the recruitment of the CEO.
Mr Bulimu alleges the recruitment contravenes various articles of the Constitution, the Civil Aviation Act, KCAA’s Human Resource Policies and Procedures Manual and the Career Progression Guidelines, 2025.
He is seeking an order quashing the board’s decision to advertise and undertake the recruitment process.
He also wants a permanent injunction barring KCAA from proceeding with, concluding or making any appointment arising from the recruitment exercise unless the board is lawfully constituted.
The petition further seeks orders compelling the Cabinet Secretary for Roads and Transport to fill vacancies on the board through an open, transparent and competitive process.
Mr Bulimu is also asking the court to direct that any future recruitment of a KCAA director-general strictly comply with the Constitution, the Civil Aviation Act and the authority’s human resource rules.
Court documents state that the recruitment advertisement required applicants to submit applications through the board chairman’s email address.
The petitioner, however, argues that the arrangement compromised the integrity and independence of the process and departed from previous recruitment practices.
He also claims the qualifications required for the position were lowered, contrary to KCAA’s career guidelines and human resource policies.
KCAA opposed the application at the preliminary stage. Its lawyers argued that the dispute was premature and questioned whether the Constitutional and Human Rights Division court was the proper forum to hear the matter. The authority maintained that the recruitment process had not reached the stage alleged by the petitioner.
However, the court said issues including jurisdiction would be determined after parties file substantive responses. It said for now the public interest favoured preserving the status quo. The judge warned that completing the recruitment amid unresolved allegations of illegality could expose taxpayers to avoidable costs.
It said reversing a completed appointment would carry “a heavy cost to the public coffer and reputational damage of a public entity in the aviation industry”. It added that completing the recruitment before the case is heard could render the proceedings nugatory.
