The Employment and Labour Relations Court in Nyeri has ruled that the Kenya Forest Service (KFS) breached labour regulations by bypassing internal recruitment procedures in its hiring of Cadet Inspectors.

In a petition brought by 17 employees, led by John Ngunju, the court heard that KFS advertised vacancies for the Inspector Cadet position on February 28, 2023, without first offering the opportunity to qualified internal candidates, contrary to Section 2.16 of its own Human Resources Policy. The provision requires that internal staff be considered before any external hiring.

The petitioners, all serving as Range Constables and Corporals for over 15 years, claimed they had advanced their qualifications—some holding Bachelor’s and Master’s degrees—but were overlooked during the recruitment process.

Justice Onesmus Makau ruled that KFS failed to demonstrate it had conducted internal recruitment prior to advertising publicly, thus violating Article 41(1) of the Constitution, which guarantees fair labour practices. However, the court declined to award damages or compel promotions, citing lack of proof that the petitioners would have been automatically promoted through internal recruitment.

The judgment reinforces the importance of transparent and fair recruitment practices within public institutions and serves as a reminder for employers to adhere strictly to established human resource policies.