In courts: Case challenging doctors’ recruitment in Kiambu resumes

The Employment and Labour Relations Court in Nairobi will continue proceedings in a case contesting Kiambu County’s recruitment of medical specialists.

This follows concerns over the exercise’s constitutional standards on equity, transparency, and fair labour practices.

The matter, filed by obstetrician and gynecologist Dr. Gathoni Njeri Muriithi, returns before Justice Hellen Wasilwa, who on October 21 issued interim orders temporarily halting the recruitment exercise pending inter partes hearing.

In the earlier ruling, Justice Wasilwa certified the case as urgent and suspended the hiring process under the Kiambu County Department of Health Services.

She noted that the allegations raised touched on the legality of public appointment procedures and the right to equal access to public service.

“The application is certified urgent and allowed in terms of the prayers of the Notice of Motion. This application should be served upon the respondents and be heard inter partes,” she directed at the time.

Doctor Muriithi is suing both the County Government of Kiambu and the County Public Service Board (CPSB).

She claims the county undertook shortlisting and interviews before the official application deadline had lapsed, thereby locking out qualified applicants who had submitted their documents within the permitted timeframe.

Through lawyer Henry Kurauka, she argues that the recruitment exercise was “opaque, arbitrary, and contrary to Articles 27 and 41 of the Constitution,” which guarantee equality, non-discrimination, and fair labour practices.

According to court documents, the county advertised vacancies for medical specialists and set an application deadline of October 15, 2025.

Doctor Muriithi says she submitted her application within the period, only to later learn that interviews and shortlisting had already occurred, with the county publishing a shortlist and inviting public feedback by October 10, five days before the application window closed.

She insists the move amounted to a predetermined and exclusionary hiring process, one that denied qualified applicants a fair opportunity to compete for public office.

“The respondents acted capriciously and unreasonably, contrary to the principles of transparency, accountability, and fair administrative action,” her petition states.

Muriithi is asking the court to issue conservatory orders stopping the county from proceeding with the disputed recruitment.

She also seeks an injunction compelling the CPSB to reopen the process and ensure that all applicants who met the deadline are accorded equal consideration, including being invited for interviews.

Further, the specialist also seeks an injunction restraining the county from dismissing or replacing any current medical specialists in the health department during the pendency of the petition and an order for the county to bear the costs of the petition.

The matter is scheduled for a mention today.