Commissioner General of Prisons Patrick Aranduh./FILE
The High Court has declined to halt the planned recruitment of Kenya Prisons Service cadets but has certified a petition seeking such orders as urgent.
Two warders had, through a certificate of urgency petition, sought the suspension of the process, which they claim is discriminatory and unlawful.
The warders, Peter Agoro and Henry Muriithi, lodged the
petition on behalf of 600 colleagues whom they say have been excluded through
an eligibility criteria despite having the qualifications sought.
The Commissioner General of Prisons has already initiated the recruitment of cadet officers, professionals, technicians, and artisans through an advertisement in local dailies on April 17. The applications close next week on April 30.
The petitioners contend that the eligibility criteria as outlined in the advertisement are discriminatory and exclusionary, particularly against serving officers who have attained higher academic qualifications and have relevant experience with a demonstration of commitment to serving in senior roles.
They argue that the positions can be filled internally through the promotion of serving officers.
It is also their case that the eligibility criteria for inspectorate and professional cadets has excluded all serving constables unless they possess a Master’s degree contrary to previous requirement of a Bachelor’s degree.
Through lawyer John Wangai, the petitioners asked the High Court to issue conservatory orders stopping the recruitment process and grant leave for the applicants to be heard as a matter of urgency.
Those sued are the Commissioner General of Prisons, PS Correctional Services, CS Interior, and the Attorney General, with the Kenya National Human Rights Commission and the Ombudsman listed as interested parties.
“If not restrained, the recruitment shall irreparably prejudice the rights of the graduate prison officers and undermine the values and principles of the Constitution,” the petitioners say.
Justice Hellen Wasilwa of the Employment and Labour Relations Court has, however, declined to issue the conservatory orders sought and instead directed parties to serve and file their responses before a mention on May 20, 2025.
“I direct that the application be served upon the respondents and be responded to within 14 days. The applicant to reply within seven days with submissions and the respondent to file submissions with seven days thereafter,” the judge said in orders delivered on Wednesday, April 23, 2025.
