Court petition challenges Kenya Ports Authority hiring of over 300 staff

A legal dispute has emerged over the recruitment of more than 300 workers at the Kenya Ports Authority after several human rights organisations went to court seeking to have the entire hiring process cancelled over claims of unfairness, secrecy, and lack of proper accountability.

The petition, filed on Friday, May 15, targets KPA, the Public Service Commission and the Attorney-General. Eight individuals affected by the recruitment have also been included as interested parties.

The groups behind the case, Vocal Africa, Muslims for Human Rights (Muhuri) and She Rises Organisation, argue that the process did not meet constitutional standards expected in public hiring, especially in an exercise that attracted thousands of applicants.

At the centre of their complaint is the claim that KPA did not make public the list of shortlisted candidates before interviews were conducted, which they say denied transparency from the start.

“This omission made it impossible for applicants and the public to verify whether the process was inclusive and competitive,” said Hussein Khalid, director of Vocal Africa.

The petitioners further argue that the use of online interviews was not backed by clear disclosure of how candidates were assessed or how results were communicated, leaving many applicants uncertain about how decisions were made.

They also claim that some individuals who were not on the shortlist and did not take part in interviews were still issued with job offers, raising questions about how the final selections were reached.

Another concern raised is that requests for recruitment records, including interview outcomes, shortlisted names and appointment details, were allegedly not answered, which the groups say goes against Article 35 of the Constitution on access to information.

The organisations further argue that the hiring process may have failed to reflect national diversity requirements, claiming that a large number of successful candidates could have come from limited regions, raising concerns about inclusivity.

They also fault KPA for not communicating outcomes to unsuccessful applicants, saying many were left without regret letters or any formal update on their applications.

The petitioners are now asking the court to declare the recruitment process invalid and unconstitutional.

They want the court to order KPA to conduct a new hiring exercise that fully follows legal and constitutional rules. They are also seeking full disclosure of all documents linked to the recruitment, including interview results and final appointment lists.

In addition, they want a declaration that failure to publish successful candidates, communicate outcomes and issue regret letters amounted to violations of constitutional requirements.

On the other hand, the Centre for Litigation Trust has opposed the case, calling it unfair and filed after too much delay.

Executive director Julius Ogogoh defended the recruitment and urged focus on national progress rather than disputes.

“The recruitment exercise concluded in February, so why bring a case now? Those who were recruited are Kenyans and deserve to serve in the positions they applied for,” Ogogoh said.