NAIROBI, Kenya — The Employment and Labour Relations Court has ordered the Nairobi County Assembly and its Speaker to pay a job applicant Sh7 million for violating his constitutional rights by failing to communicate the outcome of a recruitment process for over a decade.
Justice Byrum Ongaya ruled that the Assembly’s prolonged delay in providing feedback after the applicant was shortlisted and interviewed for the position of Chief Officer amounted to an infringement of his rights to fair administrative action and access to information, as guaranteed under Articles 47 and 35 of the Constitution.
According to court documents, the applicant had been interviewed in 2014 following a competitive selection process for senior positions in the county government, but never received any official feedback or appointment letter.
Despite several follow-ups, the County Assembly and the Speaker allegedly failed to provide an explanation for the inaction.
In his judgment, Justice Ongaya faulted the Assembly for keeping the applicant in “administrative limbo,” noting that public institutions must uphold transparency and accountability in recruitment processes.
“It is unfair and contrary to the principles of good governance for an employer, particularly a public entity, to delay or fail to communicate outcomes of recruitment to successful or unsuccessful candidates,” he stated.
The court held that the inaction deprived the applicant of employment opportunities elsewhere, as he had been waiting for official confirmation.
It further ruled that the County Assembly’s conduct amounted to maladministration and psychological distress, warranting compensation.
The judge awarded Sh7 million as general damages for violation of constitutional rights and loss of legitimate expectation, directing that the amount be paid jointly by the Nairobi County Assembly and its Speaker.
Legal experts say the ruling sets a precedent requiring public service employers to provide timely communication during recruitment to avoid infringing on applicants’ rights.
The judgment comes at a time when Kenya’s public sector has faced increasing scrutiny over opaque hiring processes, delays, and political interference in appointments.
Justice Ongaya emphasized that such practices erode public trust and violate Article 10 of the Constitution, which upholds national values of integrity, fairness, and accountability in public service.
