Court temporarily stops hiring of graduate engineers at KeNHA

The Employment and Labour Relations Court in Nairobi has temporarily halted the recruitment of graduate engineers at the Kenya National Highways Authority (KeNHA) following a petition challenging the legality of the ongoing hiring process.

Justice J.N. Abuodha issued interim conservatory orders stopping the recruitment pending the hearing and determination of the case, which has been scheduled for January 19, 2026.

The court certified the matter as urgent and directed that the respondents be served and allowed 14 days to respond.

In the orders issued, the court stated that it had reviewed the notice of motion and found it deserving of urgent consideration.

The court orders were issued on December 31, 2025.

“The Court has reviewed and considered the Motion dated December 16, 2025 and hereby certifies the same urgent. The conservatory orders will remain in force until January 19, 2026, when the matter will be mentioned for directions on hearing and disposal,” the order states.

The case was filed by the Institution of Engineering Technologists of Kenya (IET-K), which is challenging KeNHA’s requirement that applicants for graduate engineering positions be registered with the Engineers Board of Kenya (EBK).

The petitioners argue that the requirement unlawfully excludes engineering technologists who are registered with the Kenya Engineering Technologists Registration Board (KETRB), a statutory regulator.

In an advertisement dated December 2, 2025, KeNHA announced 27 graduate engineer vacancies, specifying that applicants must hold a Bachelor of Science in Engineering degree and be registered with EBK as graduate engineers.

The advertisement was later extended on December 9, 2025, with the application deadline moved from December 22 to December 29, 2025.

According to IET-K, the insistence on EBK registration effectively locks out qualified applicants who hold Bachelor of Technology engineering degrees and are registered and regulated by KETRB.

“This requirement that our members must be cleared by EBK technically stops our members from applying for these jobs because they are regulated by KETRB and not EBK,” said IET-K president Bibiye Mahmoud.

Through its lawyer, Benedict Wachira, the institution told the court that both EBK and KETRB are bodies established by Acts of Parliament and that KeNHA, as a state agency, is required to operate within the existing legal framework.

“Once a degree programme has been approved by the Commission for University Education and Parliament has established a regulatory mechanism, every state organ must operate strictly within the law,” Wachira said.

He further argued that the introduction of EBK registration as the sole qualifying criterion was discriminatory and unlawful, adding that similar concerns had previously arisen in recruitment exercises by other road agencies.

Wachira told the court that it was necessary for the law to be clarified to ensure fairness in public sector recruitment.

Court documents show that IET-K wrote to KeNHA on December 4, 2025, requesting the authority to amend the advertisement to allow registration by either EBK or KETRB.

The letter cited constitutional provisions on equality, fair administrative action, and non-discrimination.

The petitioners state that KeNHA did not publicly respond to the letter and instead extended the application deadline by a week without addressing the substantive concerns raised.

In a separate letter dated December 4, 2025, KETRB also advised KeNHA that insisting on EBK registration for engineering technologists was discriminatory and contrary to the law.

The board urged KeNHA to retract the advertisement and issue a fresh one recognising both categories of engineering professionals and their respective regulators.

According to the application before the court, the petitioners argue that allowing the recruitment to proceed would cause irreparable harm, as qualified applicants would be excluded and positions potentially filled before the legality of the process is determined.

They contend that suspending the recruitment at the advertisement stage would not prejudice KeNHA or other applicants, noting that no interviews had been conducted and that the authority had already extended the application deadline.

In granting the interim orders, the court did not make any determination on the merits of the case, which will be heard at a later date.

The conservatory orders are intended to preserve the status quo pending the court’s consideration of the constitutional and statutory issues raised.

The outcome of the case may provide guidance on the role of professional regulatory bodies in public sector recruitment and the interpretation of qualifications in engineering-related employment.