The race to replace the Kenya Electricity Transmission Company(KETRACO) boss has run into legal headwinds after Consumer Federation of Kenya (Cofek) filed a petition seeking to suspend the recruitment of a new Managing Director and Chief Executive Officer.

In the petition, the consumer lobby accuses Ketraco’s board of setting unlawful and overly restrictive qualifications in the vacancy notice, arguing that the conditions narrow the field unfairly and violate the right of qualified Kenyans to compete for public office.

According to Cofek, the Government Owned Enterprises Act only requires a candidate seeking to head a state corporation to have a relevant university degree, at least 10 years’ experience in a related field, five years in senior management and compliance with Chapter Six of the Constitution on leadership and integrity.

However, the lobby group claims Ketraco went beyond the law by demanding additional qualifications, including a master’s degree, at least 15 years’ experience, membership to a professional body, leadership training certification and where applicable, a valid practising certificate.

Cofek argues that the extra conditions have no legal basis and undermine constitutional principles of fair competition, merit, equality and equal access to public employment.

“In the absence of immediate intervention by this Honourable Court, the impugned process is likely to crystallise into an appointment made under a recruitment architecture that is prima facie inconsistent with statute and constitutionally tainted,” Cofek Secretary-General Stephen Mutoro states in an affidavit filed in court.

Mutoro further claims that Ketraco had previously issued a similar advertisement but withdrew it after concerns were raised over the legality of the qualifications. He now says the corporation has re-advertised the position with substantially similar requirements, prompting the latest court challenge.

Cofek wants the court to suspend the recruitment process pending the hearing and determination of the case, insisting that the position of Ketraco Managing Director is a critical public office that must be filled strictly in line with the law, fairness, integrity and equal opportunity.

The petition comes days before the June 2 deadline for applications, raising uncertainty over the fate of the ongoing recruitment process.