The Employment and Labour Relations Court in Nairobi has once again halted the Kenya Rural Roads Authority’s (KeRRA) efforts to recruit engineers, delivering a fresh setback to the roads agency.
In a ruling delivered by Justice Jemimah Keli, the court issued interim conservatory orders stopping the recruitment exercise pending the hearing and determination of a petition filed against the authority.
The matter has been certified as urgent and is scheduled for inter partes hearing on February 4, 2026.
KeRRA had advertised the vacancies on January 13, 2026, seeking to fill several engineering positions, including deputy director roads, assistant director roads, principal engineer, senior engineer and engineer, among others.
The court directed KeRRA and the Attorney General, who is named as the second respondent, to be served and granted seven days to respond to the application.
In her orders, Justice Keli said the court had reviewed the notice of motion and found it deserving of urgent consideration.
She issued an interim order directing KeRRA to suspend the recruitment exercise in relation to the advertised engineering vacancies until the application is heard and determined.
“That the court is pleased to issue an interim conservatory Order directing the 1st respondent to suspend the recruitment exercise in relation to the engineering job vacancies advertised by the 1st Respondent, in particular, vacancies for “Deputy Director Roads” (ref no. KeRRA/DDR/03/2025, “Assistant Director – Roads”, Grade 4 (ref no. KeRRA/ADR/11/2025), “Principal Engineer,” Grade 5 (ref no. KeRRA/PE/22/2025) “Senior Engineer,” Grade 6 (ref no. KeRRA/SE/32/2025) and “Engineer”, Grade 7 (ref no. KeRRA/E/47/2025) pending the hearing of the application interpartes,” the orders issued January 27, 2025 reads in part.
The petition was filed by the Institution of Engineering Technologists of Kenya (IETK), which claims discrimination and exclusion of its members by KeRRA.
Through lawyer Wachira Wandeto, IETK argues that the recruitment criteria unfairly lock out qualified engineering technologists who are registered under a different statutory body.
KeRRA had advertised for engineering vacancies, with one of the key requirements being registration and clearance by the Engineers Board of Kenya (EBK).
IETK contends that this requirement automatically excludes its members, who are Bachelor of Technology engineering graduates regulated and registered by the Kenya Engineering Technologists Registration Board (KETRB).
According to court documents, the original advertisement was published in local dailies and on KeRRA’s website on December 23, 2025, and later republished on January 13, 2026 without changes.
IETK says it wrote to KeRRA on December 24, 2025, asking the authority to amend the advert to allow registration by either EBK or KETRB, but the request was rejected.
Instead, KeRRA maintained its position in a letter dated January 5, 2026, insisting it would proceed with the recruitment as advertised.
The authority then went ahead and republished the advertisement, a move that prompted IETK to seek court intervention.
In its petition, IETK argues that the requirement for EBK registration alone is unfair, discriminatory and unconstitutional, noting that both EBK and KETRB are statutory bodies established by law to regulate different cadres within the engineering profession.
EBK regulates Bachelor of Science engineers under the Engineers Act, while KETRB regulates Bachelor of Technology engineers under the Kenya Engineering Technology Act of 2016.
The institution maintains that thousands of qualified engineering technologists who meet the academic, technical and professional requirements have been unfairly excluded from the recruitment process, despite Kenya being an employment-scarce country where such opportunities are rare.
“The positions advertised are permanent and pensionable, making the exclusion even more consequential,” Wandeto argues.
KeRRA, however, has defended its recruitment process, insisting it fully complies with the law.
In its response to IETK before the matter went to court, the authority said the advertisement for the positions, including that of Director General and other engineering roles, was undertaken strictly in accordance with Section 14 of the Kenya Roads Act.
“The advertisement did not contravene any constitutional or statutory provisions and fully complied with the applicable legal framework,” it said in the letter.
The roads agency argued that there is a clear and well-established distinction between engineers and engineering technologists in terms of training, qualifications and registration.
“There is a clear and well-established distinction in qualifications, training and registration between members of the Engineers Board of Kenya and members of the Institution of Engineering Technologists of Kenya,” it added.
It cited a Supreme Court decision in Martin Wanderi & Others v Engineers Registration Board & Others, where the court held that while the two professions are related, they are distinct.
KeRRA maintained that the advertisement did not contravene any constitutional or statutory provisions and declined to amend or withdraw it, warning that any legal challenge would be vigorously defended.
IETK president Bibiye Juma welcomed the court’s intervention, saying the recruitment criteria amounted to discrimination against engineering technologists regulated by KETRB.
She said it was disappointing that state agencies continue to sideline qualified professionals contrary to the Constitution.
“It is very disappointing that our roads agencies are discriminating against our members contrary to the express provisions of the Constitution of Kenya. We shall continue fighting for our members until our rights are fully respected,” Juma said.
Lawyer Wandeto also praised the Employment Court for what he described as a firm stand in protecting the rights of all potential applicants.
He noted that while the private sector increasingly recognises KETRB as a legitimate regulator under the law, many state agencies remain reluctant to do so, effectively locking out thousands of qualified graduates.
The KeRRA ruling comes just weeks after the same court stopped a similar recruitment exercise at the Kenya National Highways Authority (KeNHA), KeRRA’s sister agency.
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