The High Court has issued a conservatory order suspending the recruitment process for key positions at the Social Health Authority (SHA). The ruling follows a petition filed by the Kenya Union of Clinical Officers (KUCO), challenging the legality of the hiring process.
Justice Lawrence N. Mugambi of the Milimani Law Courts directed that the petition and supporting documents be served by the close of business on March 24, 2025, with responses to be filed within three days. The court’s directive bars SHA, its employees, officers, and agents from proceeding with the planned recruitment until the case is heard and determined.
The halted recruitment sought to fill crucial positions, including Assistant Director County Coordination, Director Benefits Management, and several Principal Officers responsible for county and beneficiary management roles. These roles are central to the operational framework of SHA, which is tasked with implementing the country’s social health insurance policies.
KUCO, represented by its Secretary-General George Gibore, has argued that the recruitment process was conducted illegally and warranted judicial intervention. The union claims that procedural irregularities and possible violations of labor laws necessitate a thorough review before any appointments are made.
“This recruitment process is flawed and does not meet the legal threshold. We urge the court to intervene to ensure fairness and transparency,” said Gibore.
The court’s decision to halt the hiring process underscores the importance of due process in public sector appointments. The ruling has sparked discussions within the healthcare sector, with various stakeholders expressing concerns over delays in filling critical positions that support the implementation of universal healthcare.
Legal analysts suggest that the outcome of the case could set a precedent for similar recruitment disputes in other government agencies. The decision could also impact SHA’s operational timelines, potentially affecting the rollout of healthcare benefits and services.
The matter is scheduled for further directions on April 10, 2025, when the court will determine the way forward regarding KUCO’s petition. Until then, the recruitment process remains frozen, pending the court’s final ruling on its legality.
