NAIROBI, Kenya — 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 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 of 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 additional conditions are not anchored in law and violate constitutional principles on 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 the court.
Mutoro further argues that Ketraco had earlier withdrawn a similar advertisement after concerns were raised over the legality of the requirements, but later re-advertised the position using substantially similar qualifications.
Cofek now wants the court to halt the recruitment process pending the hearing and determination of the petition. The organisation says the office of the Ketraco managing director is a critical public position that must be filled strictly in accordance with the law and constitutional standards on fairness, integrity, and equal opportunity.
The case raises fresh questions about compliance with constitutional principles governing public appointments, particularly Articles 10, 27, 73, and 232 of the Constitution, which emphasise transparency, merit, equity, and accountability in public service recruitment.
The recruitment dispute lands in court as the deadline for applications for the Ketraco chief executive position is set for June 2.
