The recently announced recruitment drive by the National Authority for the Campaign Against Alcohol and Drug Abuse has been thrown into legal turmoil after a petition was filed in court challenging the constitutionality and legality of the entire exercise.
According to court documents seen by this publication, the petition contests the ongoing recruitment of Compliance Officers, an Office Administrator, Accountants, a Corporate Communications Officer and a Records Management Officer, vacancies that were advertised on January 13, 2026.
The recruitment window was set for 21 days, closing on February 3, 2026.
The petitioner argues that the recruitment process is unconstitutional and discriminatory, citing the requirement that applicants hand-deliver hard copies of their applications to the agency’s headquarters in Nairobi.
The court filings describe the process as a travesty in law and urge judicial intervention to uphold constitutional principles.
The petition raises concerns that restricting submission of applications to physical delivery in Nairobi excludes potential applicants from other parts of the country, despite the agency operating 33 regional offices and maintaining an active website.
It also challenges the decision to advertise the vacancies solely through MyGov rather than newspapers of national circulation, questions the omission of remuneration details from the advertisement and alleges violations of constitutional provisions on equality, fair labour practices and fair administrative action.
The petitioner is seeking conservatory orders to stay, suspend and restrain the authority from continuing with the recruitment and appointment process pending the hearing and determination of the case, warning that the matter could be rendered moot if the positions are filled before the court reaches a decision.
Court records show that the matter is before the Employment and Labour Relations Court at Milimani Commercial Courts in Nairobi under case number ELRCPET/E049/2026, pitting the petitioner against the authority and the State Law Office.
The application came up for directions on February 13, 2026, before Jemimah Wanza Keli, who declined to issue ex parte orders after perusing the Notice of Motion filed on the same day.
The court directed that the application be served for response within 14 days, with a right of reply within seven days thereafter, and scheduled the inter partes hearing for 9th March 2026.
The orders were issued under the hand and seal of the court on February 13, 2026 and carry a penal notice warning of consequences for any disobedience.
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