Court Closes Petition Challenging Kenya Prisons Recruitment Criteria After Settlement

A petition contesting the Kenya Prisons Service recruitment criteria has been formally closed by the Employment and Labour Relations Court after parties informed the court that the dispute had been resolved.

The case, filed by petitioner Peter Agoro, had named the State Law Office, the Commission on Administrative Justice, and other respondents.

Agoro had challenged a recruitment advertisement issued by the Kenya Prisons Service for cadet officers, professionals, artisans, and technicians, arguing that the criteria were discriminatory and unfair to serving officers.

According to the petition, the contested recruitment guidelines disadvantaged prison officers who had upgraded their academic qualifications while already in service.

The petitioner further argued that the recruitment and promotion standards should align with existing service regulations and constitutional principles of fairness.

In court filings, the Public Service Commission Secretary and Chief Executive Officer Paul Famba acknowledged that the recruitment advertisement had introduced a Master’s degree requirement for promotion to the rank of Inspector of Prisons.

This, he admitted, was inconsistent with the Revised Scheme of Service for Prisons Uniformed Personnel (2014), which only requires a bachelor’s degree for that level.

Agoro, in a supplementary affidavit, maintained that any recruitment or promotion exercise must strictly adhere to the established scheme of service.

He also sought the removal of the Master’s degree requirement, arguing that qualified serving officers who attained bachelor’s degrees while in service should be given priority in line with Article 232 of the Constitution, which outlines principles of fair public service.

The matter was heard before Justice Dr. Jacob Gakeri, who directed that the case be marked as settled after confirmation that the parties had reached an agreement. The judge subsequently ordered the file closed.

With the settlement, the long-running dispute over the Kenya Prisons Service recruitment criteria has now been officially concluded by the court.

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