A petition has been filed at the Employment and Labour Relations Court seeking to suspend the ongoing recruitment process at the Kenya Medical Training College (KMTC), accusing the institution of violating constitutional and statutory requirements governing public service appointments.
In a petition filed by advocate Charles Mugane of Mugane Law LLP, the court is being asked to halt recruitment for several positions, including Chief Principal Lecturer, Senior Principal Lecturer I and II, Senior Assistant Director of ICT and Assistant Director of Human Resource Management.
Mugane challenges recruitment advertisements published on October 5 and October 21, 2026, arguing that the process is inconsistent with KMTC’s human resource policies and public service recruitment guidelines.
In the court documents, the lawyer claims that the October 21 advertisement for teaching positions was restricted to internal applicants, contrary to the institution’s recruitment policies, which he argues require an open, competitive and merit-based process.
The petition also questions the terms of service advertised for the Chief Principal Lecturer position, which was listed on permanent and pensionable terms.
Mugane argues that the applicable guidelines require the position to be filled on a contractual basis.
He has further challenged the additional requirement for a master’s degree in the advertisements for the Senior Assistant Director of ICT and Assistant Director of Human Resource Management positions, arguing that the qualification is not prescribed for the respective job grades under the relevant Public Service Commission guidelines.
The lawyer contends that the recruitment requirements were introduced without the required consultation with stakeholders, including employees and trade unions.
He has also raised concerns that the advertisements could favour specific candidates at the expense of other qualified applicants.
In a certificate of urgency filed alongside the petition, Mugane argues that the recruitment process could disadvantage eligible candidates if it proceeds before the court determines whether the procedures comply with the law.
“The imminent consequence of not stopping the said recruitment process is that many deserving candidates shall be denied the opportunity to participate in the process and further that the 1st Respondent may end up with undeserving candidates on account of having been appointed through a process that is not open, transparent, fair and competitive contrary to the Constitution of Kenya, 2010, the Public Service (Values and Principles) Act, the Leadership and Integrity Act, the Public Officers Ethics Act and the KMTC Human Capital Management Policies and Procedures Manual,” read the court documents.
Applications for the two non-teaching positions are scheduled to close on October 30, while the deadlines for the teaching positions are set for November 13, 2026.
The petitioner argues that the alleged irregularities violate constitutional provisions on equality and non-discrimination, fair administrative action, integrity and the values governing public service.
He is seeking a declaration that the recruitment process is unconstitutional and unlawful, an order directing KMTC to conduct the exercise in accordance with the law, and costs of the petition.
The lawyer is also seeking interim conservatory orders to suspend the recruitment advertisements and the entire process pending the hearing and determination of the case.
The petition names KMTC, the Public Service Commission and the Attorney General as respondents, with the Secretary of the State Corporations Advisory Committee listed as an interested party.
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