A constitutional petition has been filed at the Employment and Labour Relations Court in Nairobi challenging the recruitment process for several senior positions at the Kenya Medical Training College (KMTC), with the petitioner alleging violations of constitutional and public service recruitment requirements.

The renowned Public Interest Litigation Lawyer Charles Mugane, through Mugane Law LLP, filed the petition on October 28, 2026, naming KMTC, the Public Service Commission (PSC) and the Attorney General as respondents. The Secretary to the State Corporations Advisory Committee is listed as an interested party.

Dispute Over Internal and External Advertisements

The petition centres on recruitment advertisements published on October 5 and October 21, 2026, for teaching and non-teaching positions at the college.

According to Mugane, an internal advertisement published on October 21 listed two vacancies for Chief Principal Lecturer, five for Senior Principal Lecturer I and 10 for Senior Principal Lecturer II.

The positions were advertised on permanent and pensionable terms. The petitioner argues that the college’s Human Capital Management Policies and Procedures Manual requires the teaching positions to be advertised externally through an open, competitive, fair and merit-based process.

An earlier external advertisement published on October 5 covered one Senior Assistant Director position in Information and Communication Technology (ICT) and two Assistant Director positions in Human Resource Management.

Mugane contends that the different advertising approaches raise concerns about the consistency and fairness of the recruitment process.

Petitioner Questions Qualifications and Terms of Service

The petition also challenges the advertised terms of service for the Chief Principal Lecturer positions, arguing that the roles should be filled on contract terms under applicable Public Service Commission guidelines and KMTC policies.

Mugane further alleges that additional master’s degree requirements introduced for the Senior Assistant Director, ICT and Assistant Director, Human Resource Management positions are inconsistent with the college’s existing human resource policies and relevant PSC guidelines.

He argues that changes to human resource instruments should follow a consultative process involving affected stakeholders, including employees and trade unions.

The petitioner claims the disputed recruitment process could disadvantage qualified candidates and potentially favour individuals who meet the additional requirements.

Court Orders Sought

Mugane wants the court to declare the recruitment process unconstitutional and unlawful, quash the advertisements published on October 5 and October 21, and direct KMTC to conduct a fresh recruitment exercise in compliance with constitutional, statutory and regulatory requirements.

He has also sought urgent interim orders suspending the advertisements and recruitment process pending the hearing and determination of the application and petition.

The filing invokes constitutional provisions on equality, fair administrative action, leadership and integrity, and the values and principles governing public service.

The petition contains allegations that have yet to be determined by the court. The documents provided do not establish that the court has granted the requested suspension orders or made a finding on the legality of the recruitment process.