The Employment and Labour Relations Court in Nairobi has blocked Kenya Rural Roads Authority’s (KeRRA) attempts to recruit engineers, marking another legal blow to the roads agency.
Justice Jemimah Keli issued interim orders halting the recruitment process while a petition against the authority awaits hearing and determination.
The case has been marked urgent and is set for inter partes deliberation on February 4, 2026.
KeRRA had announced the openings on January 13, 2026, aiming to fill multiple engineering roles including deputy director roads, assistant director roads, principal engineer, senior engineer and engineer positions.
The court instructed KeRRA and the Attorney General, listed as the second respondent, to be served with the documents and allowed seven days to respond to the application.
In her ruling, Justice Keli noted that after reviewing the motion, the court deemed it worthy of urgent attention.
She issued an interim directive instructing KeRRA to pause the recruitment initiative concerning the advertised engineering vacancies until the application receives full consideration.
“The court hereby issues an interim conservatory Order instructing the first respondent to suspend the recruitment process regarding the engineering positions advertised, specifically for ‘Deputy Director Roads’ (ref no. KeRRA/DDR/03/2025), ‘Assistant Director – Roads’, Grade 4 (ref no. KeRRA/ADR/11/2025), ‘Principal Engineer,’ Grade 5 (ref no. KeRRA/PE/22/2025) ‘Senior Engineer,’ Grade 6 (ref no. KeRRA/SE/32/2025) and ‘Engineer’, Grade 7 (ref no. KeRRA/E/47/2025) pending interpartes hearing of the application,” stated the orders issued January 27, 2025.
The legal challenge was brought by the Institution of Engineering Technologists of Kenya (IETK), which alleges discrimination and marginalization of its members by KeRRA.
Through attorney Wachira Wandeto, IETK contends that the recruitment standards unjustly exclude qualified engineering technologists registered under a different professional body.
KeRRA had advertised the engineering positions with a mandatory requirement of registration and clearance by the Engineers Board of Kenya (EBK).
IETK argues this condition automatically disqualifies its members, who are Bachelor of Technology engineering graduates regulated by the Kenya Engineering Technologists Registration Board (KETRB).
Court records show the initial advertisement appeared in local newspapers and on KeRRA’s website on December 23, 2025, and was republished unchanged on January 13, 2026.
IETK contacted KeRRA on December 24, 2025, requesting the authority modify the advertisement to allow registration with either EBK or KETRB, but this appeal was denied.
Instead, KeRRA reaffirmed its position in correspondence dated January 5, 2026, stating it would proceed with the recruitment as originally advertised.
The authority subsequently republished the advertisement, prompting IETK to seek judicial intervention.
In its petition, IETK claims the exclusive EBK registration requirement is unfair, discriminatory and unconstitutional, noting both EBK and KETRB are statutory entities established to regulate different segments of the engineering profession.
EBK oversees Bachelor of Science engineers under the Engineers Act, while KETRB regulates Bachelor of Technology engineers under the Kenya Engineering Technology Act of 2016.
The institution asserts that thousands of qualified engineering technologists who meet all academic, technical and professional standards have been unjustly excluded from the recruitment process, despite Kenya’s limited job market where such opportunities are scarce.
“The advertised positions are permanent and pensionable, rendering the exclusion particularly significant,” Wandeto emphasized.
KeRRA, however, has defended its recruitment approach, maintaining full legal compliance.
In its response to IETK prior to court proceedings, the authority stated the advertisement for these positions, including the Director General role and other engineering functions, was conducted strictly according to Section 14 of the Kenya Roads Act.
“The advertisement did not violate any constitutional or statutory requirements and completely adhered to the relevant legal framework,” the letter stated.
The roads agency maintained there is a well-defined distinction between engineers and engineering technologists regarding training, credentials and registration.
“There is a clear and established difference in qualifications, training and registration between Engineers Board of Kenya members and Institution of Engineering Technologists of Kenya members,” it added.
It referenced a Supreme Court ruling in Martin Wanderi & Others v Engineers Registration Board & Others, where the court determined that while the two professions are connected, they remain separate.
KeRRA insisted the advertisement did not breach any constitutional or statutory provisions and refused to modify or withdraw it, warning it would vigorously defend against any legal challenges.
IETK president Bibiye Juma welcomed the court’s action, stating the recruitment criteria constituted discrimination against engineering technologists registered with KETRB.
She expressed disappointment that state agencies continue to marginalize qualified professionals in defiance of the Constitution.
“It is deeply troubling that our roads authorities are discriminating against our members in direct violation of Kenya’s Constitution. We will persist in advocating for our members until our rights are fully recognized,” Juma declared.
Attorney Wandeto also commended the Employment Court for what he characterized as a decisive stance in safeguarding the rights of all potential applicants.
He observed that while the private sector increasingly acknowledges KETRB as a legitimate regulatory body under the law, many state agencies remain unwilling to do so, effectively preventing thousands of qualified graduates from consideration.
The KeRRA decision follows shortly after the same court halted a similar recruitment process at the Kenya National Highways Authority (KeNHA), KeRRA’s counterpart agency.