The Consumer Federation of Kenya has moved to court seeking to stop the recruitment of a new managing director and chief executive officer of the Kenya Electricity Transmission Company (Ketraco), arguing that the qualifications set for applicants are unlawful.
In an urgent petition, the lobby group claims that Ketraco has imposed requirements that go beyond those provided for in the Government Owned Enterprises Act.
According to the Consumer Federation of Kenya (Cofek), the law states that a person qualifies for appointment as the head of a state corporation if they hold a degree in a relevant field from a recognised university, have at least 10 years of work experience in a relevant area, have served in senior management for at least five years, and meet the integrity requirements set out in Chapter Six of the Constitution.
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The organisation argues that these are the only qualifications Parliament intended for the position and that state corporations cannot introduce additional conditions that restrict access to public office.
However, Ketraco’s board has advertised the position with extra requirements, including a master’s degree, at least 15 years of work experience, membership in a professional body, leadership training certification and, where applicable, a practising certificate.
Cofek says the additional qualifications unfairly lock out candidates who are otherwise eligible under the law.
“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 by unresolved conflict concerns, thereby occasioning grave prejudice to constitutional governance, public confidence, fair competition in access to public employment, and the rule of law,” the organisation’s secretary-general, Stephen Mutoro, said in an affidavit.
Mr Mutoro said Ketraco had previously published a similar advertisement but later withdrew it after concerns were raised about the legality of the requirements.
He argues that the board has now re-advertised the position using substantially the same qualifications, prompting the renewed court challenge.
The lobby group argues that the office of Ketraco’s managing director is a key public position with significant national importance and that the recruitment process must strictly comply with the law and constitutional principles of fairness, integrity and equal access to public employment.
“The matters herein disclose a prima facie case raising grave constitutional questions touching on legality in recruitment to public office, fair competition in access to employment, integrity in public appointments, avoidance of conflict of interest in governance, and fidelity to statute in the exercise of public power,” Cofek added.
