Disquiet has rocked the Ministry of Foreign Affairs following a controversial circular issued by Principal Secretary Korir Singoei, which sets an age limit for diplomatic postings abroad.
In the circular dated September 18, Sing’oei said officers aged above 56 will not be eligible for any diplomatic posting.
The decision has also drawn complaints from the Union of Kenya Civil Servants, with ministry insiders arguing that it effectively lowers the legally set retirement age.
“The official retirement age is 60 years. By saying one is not eligible for posting at some age amounts to illegally changing the retirement age,” one source told the Star, with others mulling court action.
Singoei said the move was meant to promote fairness, transparency and consistency in the posting process.
“An officer above 56 years may be considered only on exceptional basis provided the officer has never previously served in a mission abroad,” the circular states.
Union of Kenya Civil Servants secretary general Lawrence Nyaguti Ochieng' termed the restriction unconstitutional saying it amounts to discrimination against public servants.
Nyaguti said they support the introduction of formal criteria for deploying officers to diplomatic missions abroad but not the age limit.
He asked the PS to rescind the circular.
The union said the restriction unfairly limits the career opportunities of officers who, under the retirement-age framework, should be eligible to serve until they reach 60.
“As a union, we welcome the introduction of criteria for foreign postings, and we congratulate the Principal Secretary for establishing them. However, all the criteria must be constitutional,” the union said.
It said any criterion that discriminates against public officers on the basis of age, ethnicity or race should be declared null and void.
The union thus wants the ministry to retain the new framework while removing the age restriction.
“If the retirement age is 60, officers should not be discriminated against on the basis of age before reaching that threshold,” the union said.
The PS did not respond to our inquiries on what triggered the circular.
The circular bars officers with pending disciplinary cases, active disciplinary sanctions or unresolved audit, financial, integrity and accountability matters from consideration.
“Officers with pending disciplinary cases, serving disciplinary sanctions, or having unresolved audit, financial, integrity or accountability matters shall not be eligible for consideration until the relevant matters have been conclusively resolved,” the circular states.
The ministry has also introduced a priority system intended to widen access to overseas assignments.
Officers who have never served in a foreign mission will receive first consideration, followed by those who have completed one posting and then those who have served in two missions.
Officers who have completed three foreign postings will only be considered after candidates in the preceding categories have been exhausted or are unavailable.
The guidelines require officers returning from overseas assignments to serve continuously at headquarters for at least one year before being considered for another posting.
According to the ministry, the cooling-off period is intended to facilitate reintegration, transfer of experience and contribution to service delivery at headquarters.
The union, however, argues that while the ministry may need discretion to deploy officers according to operational requirements, such decisions should not be converted into a formal criterion that excludes employees on the basis of age.
The ministry has further set a maximum tour of duty of 48 months, with extensions requiring specific operational justification. No officer may remain in a foreign mission beyond their retirement date.
The new criteria comes amid concerns over the politicisation of foreign postings following the appointment of two UDA primary aspirants to diplomatic positions ahead of the Malava by-election.
Simon Kangwana was appointed Education Attaché at Kenya’s High Commission in Kampala, while Rhyan Injendi Malulu was named Trade Attaché in Pretoria.
Their appointments were announced by Prime Cabinet Secretary and Foreign Affairs CS Musalia Mudavadi at a campaign rally days before the by-election, attracting criticism over the timing and the politicisation of diplomatic appointments.
INSTANT ANALYSIS
The age cap exposes a tension between administrative discretion and constitutional fairness. While Sing’oei’s framework seeks transparency, excluding officers above 56 risks undermining merit and equal opportunity before retirement at 60. The union’s support for broader posting criteria strengthens its demand to remove the restriction. Amid concerns over politicised appointments, consistent, transparent rules are essential to restore confidence in diplomatic deployments.
