The Kenya Prisons Service (KPS)’s recruitment scheduled for Tuesday next week will continue as planned after the court failed to halt the exercise as sought by two activists.

KPS is seeking to hire cadet officers, professionals, technicians, and artisans.

However, activists Peter Agoro and Henry Muriithi moved to the Employment and Labour Relations Court (ELRC), arguing that the recruitment process is tainted with discriminatory, unconstitutional, and unfair labour practices that violate the rights of serving prison officers.

The activists contend that the intended KPS recruitment, set for April 30, 2024, will infringe on the rights of current officers who hold academic qualifications and experience but are being overlooked and despised by their employer.

They claim that KPS has more than 600 junior officers who hold university degrees and relevant experience, yet their employer has failed to prioritize them, opting instead to bypass them.

“There is a real and present danger that the intended recruitment by the KPS, under the impugned advertisement, will cause irreversible damage to the morale, rights, and career progression of affected officers and result in waste of public resources by recruiting external candidates for roles that can be competently filled by current personnel,” the activists say.

“The criteria set by (KPS) for promotion of serving graduate officers are manifestly irrational, punitive, and discriminatory, requiring a Master’s degree and at least 10 years of service, whereas civilians joining at the same rank only need a Bachelor’s degree with no experience, which offends the constitutional principles of equity and meritocracy.”

KPS plans to recruit degree holders who have not previously worked, as cadets, to undertake the inspectorate course and be hired as prison officers at the rank of inspector.

Serving prison constables and Non-Commissioned Officers (NCOs) in the ranks of corporal, sergeant, and senior sergeant received a memo on April 11, 2025, informing them that they must possess a Master’s degree and have served for not less than 10 years to qualify for the position of Inspector of Prisons.

“The same positions (of inspector) are being offered to external candidates who are only required to have a Bachelor’s degree, with no service experience required,” state the two activists in their petition.

“The petitioners have brought this petition as a public interest petition and also on behalf of the hundreds of affected officers who are unable to do so themselves due to fear of state-sanctioned victimization.”

Agoro and Muriithi accuse the Commissioner General of Prisons, Patrick Aranduh, of violating Articles 27, 41, and 232 of the Constitution by implementing policies and practices that discriminate against serving graduate officers.

They have sued Aranduh alongside the Principal Secretary for Correctional Services and the Cabinet Secretary for the Ministry of Interior.

They argue that unless the ELRC intervenes, the three will continue perpetrating arbitrary and discriminatory practices.

Justice Hellen Wasilwa certified the matter as urgent but did not issue any orders stopping the recruitment.

She directed that the application and petition be served to those sued, including KPS, the CS for Interior, and the PS for Correctional Services, who must respond within 14 days.

The case will be mentioned on May 20 to confirm compliance with the directions.