A High Court in Nairobi has ordered the Kenya Airports Authority (KAA) to halt the recruitment of its next Managing Director, raising constitutional red flags over transparency and the use of public funds.

Justice Hellen Wasilwa of the Employment and Labour Relations Court issued conservatory orders stopping the process, following a petition lodged by Gema Watho Association and a private citizen, Francis Wanjiku.

The petition challenged the decision to re-advertise the position on December 20, 2024, just days after interviews for the same post had already been conducted.

The applicants accused the KAA of orchestrating a deliberate scheme to skew the recruitment in favour of an undisclosed, pre-selected candidate, thereby discarding a shortlist of qualified individuals who had already been interviewed.

According to them, the authority’s action amounted to a breach of constitutional provisions governing fair labour practices and accountability in public finance.

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“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.

In her ruling, Justice Wasilwa dismissed preliminary objections raised by the KAA, the Ministry of Roads and Transport, and the Attorney General, who claimed the petitioners had no legal standing to file the suit.

The court held that the matter fell under Article 22 of the Constitution, which gives any citizen the right to institute legal proceedings in matters involving the Bill of Rights.

The judge said the petitioners had made a compelling case by showing that the process lacked sufficient justification and threatened to erode public confidence in state appointments.

She ordered KAA to disclose all records tied to the controversial recruitment, including the list of applicants, names of panel members, interview score sheets, and minutes of board meetings that approved the re-advertisement.

The documents must be furnished within 14 days.

While the case proceeds to full hearing, the court’s orders prevent the KAA from making any appointment to the position.