This archive report was first published on 19 July 2021.
On July 19, 2021, the Employment and Labour Relations Court issued a temporary injunction blocking the Ethics and Anti-Corruption Commission (EACC) from recruiting or appointing the commission's Deputy Chief Executive Officer.
The injunction was issued in response to a petition filed by Kevin Otieno Odongo, who sought to compel the commission to confirm Abdi Mohamed Ahmed to the position for a term of five years.
According to the court documents, Ahmed had been serving in the position since 2019 in an acting capacity, and the commission had put up a job advertisement inviting the public or qualified persons to apply for the position of Deputy CEO.
However, Odongo argued that the commission's action was in contravention of section 34 of the Public Service Commission Act, as Ahmed had served in the position for over six months.
He also argued that the advertised post was currently being held by Ahmed, who had all the requirements for the job, including academic qualifications, skills, experience, discipline, high ethical standards, and integrity.
Odongo further argued that the process of advertising, recruiting, and appointing a Deputy CEO would amount to a waste of public resources, as it would be challengeable for being in contravention of the Constitution of Kenya, the Public Service Commission Act, and fair labour practices.
