•"In the present case, the petitioner has not disclosed her identity but was exposed in the further pleadings of the respondent to be an advocate who does not disclose who she actually represents,” the court ruled.
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The high court has dismissed a case that was challenging seven positions that were filled by the EACC early this year.
In the case, an advocate Gloria Kimani who had claimed to be an activist sued EACC for allegedly advertising for internal positions but requiring applicants to have a minimum of C+ in KCSE even if they have a degree.
She argued that it was discriminatory and urged the court to quash the procedure used to advertise for the said positions.
However, Justice Nduma Nderi dismissed the petition saying it would be like engaging in an idle academic exercise because she didn’t say who she represents.
“In the present case, the petitioner has not disclosed her identity but was exposed in the further pleadings of the respondent to be an advocate who does not disclose who she actually represents,” the court ruled.
The court has also noted that the said positions have already been filled and no complaint was received by anyone during the process of recruitment.
“The court is persuaded by their response that Kimani is engaged in a speculative exercise without any iota of evidence that the impugned adverts actually aggrieved any internal applicant,” the court ruled.
The court also ruled that there was also no evidence produced in court to demonstrate that the requirement of a minimum score of C+ in KCSE was irrational and not necessary in the case of the advertised positions.
“Accordingly, the petitioner has failed to establish that the said requirement is irrational and oppressive to any identified persons or a class of persons represented by the petitioner,” the court ruled.
The court dismissed the petition with costs to the EACC because of a lack of disclosure from Kimani on who she actually is and, on whose behalf, she approached the court.
The positions already filled by the commission include deputy director regional office, assistant director regional office, senior officer regional office, senior investigations officer, security assistant III, and assistant director finance and accounts.
In their defence, EACC told the court that the minimum requirement of grade C plus prescribed by the EACC for vacancies advertised is not inconsistent with the minimum requirement for entry-level positions which requires candidates to possess a university degree.
The commission said that according to the Kenya Universities and Colleges Central Placement Service processing policy 2014, the minimum requirement for university admission is KCSE mean grade C plus.
The commission said any interference with the rights of professional staff working at EACC who have met the minimum qualifications set and who are desirous of career progression through promotion to competitively apply for positions advertised would be discriminatory to them.