Court Stops EACC Hiring Over Unreasonable Requirements

Ethics and Anti-Corruption Comission (EACC) Offices at Integrity centre Building in Nairobi. ‎Monday, ‎18 ‎November ‎2019.
A photo of the Ethics and Anti-Corruption Commission (EACC) Offices at Integrity Centre in Nairobi taken on ‎November 18, ‎2019.
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Kenyans.co.ke

The High Court Stopped the anti-graft agency from hiring a deputy CEO over unreasonable compulsory requirements set by the commission.

According to Mr. Kevin Odongo who filed the case against EACC, the requirements blocked many eligible Kenyans from the job.

Justice Nzioki Makau considered the case by Kevin Odongo as urgent and granted a temporary injunction barring the Ethics and Anti-Corruption Commission (EACC) and Public Service Commission from conducting interviews for the position.

Nairobi Law Courts
The Nairobi Law Courts.
The Standard

Mr. Odongo argued the application notice published on July 9 was discriminatory as it excluded qualified Kenyans from applying for the position.

He asserted the commission customized the requirements while targeting a specific outcome for the position.

One of the controversial requirements Mr. Odongo cited is one must have at least 17 years of work experience out of which at least five years’ experience for the position of a director in a public organization or equivalent institution.

Another one required the applicant to have in fields such as ethics and governance, law, fraud investigations, economic intelligence, public administration, leadership, management and economics, audit, accounting, or public relations.

“That an order of temporary injunction be and is hereby issued restraining the 1st respondent from conducting interviews, recruiting, nominating, or appointing any person to the position of deputy chief executive officer of the Ethics and Anti-Corruption Commission pending hearing and determination of this application,” Justice Makau ruled.

Lawyer Adrian Kamotho also challenged the recruitment and asked the court to stop the process until the legality and the propriety of the notice were determined by the court.

“The decision by the respondent to customize requirements in such a manner as to target a particular outcome for the position of the Deputy Chief Executive Officer of the respondent is scandalous and disgraceful in light of the hallowed constitutional status accorded to the respondent on matters of integrity,” Mr. Kamotho Argued.

According to Kamotho, EACC deliberately set the qualifications of the deputy CEO higher, casting serious slanders to the objectivity and fairness of the recruitment process.

Mr. Kamotho also asked the court to determine whether the position of the deputy CEO as currently arranged is provided in law and if that is the case, what are the minimum qualifications.

EACC CEO Twalib Mbarak after presenting a cheque to the Kenya Covid-19 Fund on April 28, 2020.
EACC CEO Twalib Mbarak after presenting a cheque to the Kenya Covid-19 Fund on April 28, 2020.
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EACC Kenya