Legal Storm Over NACADA Jobs as Recruitment Process Faces Constitutional Challenge

The recently announced recruitment drive by the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) 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 Mpasho, the petition contests the ongoing recruitment of Compliance Officers, an Office Administrator, Accountants, a Corporate Communications Officer, and a Records Management Officer. These vacancies were advertised on 13th January 2026. The recruitment window was set for 21 days, closing on 3rd February 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 .

Among the key grievances raised are:

* Restricting submission of applications to physical delivery in Nairobi despite the agency having 33 regional offices and an active website.

* Failure to advertise the vacancies in newspapers of national circulation, instead publishing only in MyGov.

* Omission of remuneration details in the advertisement, allegedly contrary to statutory requirements.

* Alleged violation of constitutional provisions on equality, fair labour practices, and fair administrative action.

The petition seeks urgent conservatory orders to stay, suspend, and restrain the authority from continuing with the recruitment and appointment process pending hearing and determination of the case. It warns that if the positions are filled before the matter is determined, the proceedings could be rendered moot.

Undisclosed sources familiar with the matter indicate that the filing of the petition has effectively frozen any further steps related to the recruitment exercise until the court provides direction. The sources suggest that internal processes connected to shortlisting and appointments have been paused in light of the legal challenge.

The petition frames the dispute as a broader constitutional question, arguing that public service recruitment must be open, competitive, merit-based and inclusive , and that public interest demands strict adherence to the rule of law .

Court records

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.