Nairobi — The Employment and Labour Relations Court has issued conservatory orders suspending the ongoing recruitment of a new Managing Director for the Kenya Airports Authority (KAA), citing concerns over transparency and potential constitutional violations.

Justice Hellen Wasilwa ruled in favour of petitioners Gema Watho Association and Francis Wanjiku, who challenged the re-advertisement of the position on December 20, 2024, just days after interviews had been conducted for the same role.

The petitioners alleged that the re-advertisement was designed to manipulate the recruitment process in favour of a pre-selected candidate, bypassing the initial list of qualified interviewees.

They argued that the move violated constitutional provisions on transparency, fair labour practices, and prudent public expenditure.

"There is a re-advertisement of the same position without explaining why the previous advertisements have not borne fruit. This is indeed a breach of Article 201(d) of the Constitution which requires public money to be used prudently and responsibly," the court found.

The court also dismissed objections by the respondents - including the KAA, the Ministry of Roads and Transport, and the Attorney General - that the petitioners lacked legal standing, citing Article 22 of the Constitution, which allows any citizen to institute proceedings in cases involving the Bill of Rights.

The judge further ordered KAA to release key documents related to the recruitment process within 14 days. These include lists of applicants, panel members, interview scoresheets, and board minutes authorizing the re-advertisement.

Justice Wasilwa emphasized that the petitioners had established a prima facie case, noting the lack of justification for cancelling the earlier process and the risk of undermining public trust in the integrity of state appointments.

The case will proceed to a full hearing, but until then, the court's orders bar KAA from appointing anyone to the Managing Director position.