Ex-NHIF staff dealt blow in SHA jobs row

The Employment and Labour Relations Court has dealt a major blow to former staff of the defunct NIF, ruling that they cannot enjoy any form of privileged treatment in recruitment for the Social Health Authority (SHA).

This as the court declared the SHA recruitment process illegal. In a judgment delivered on May 29, 2025, Justice Byram Ongaya ruled that the recruitment carried out by SHA did not adhere to the constitution and the law, citing lack of transparency, fairness, and public participation.

The ruling followed a petition filed by Said Omar Abdile, who argued that SHA had violated the principles of fair administrative action and competitive recruitment in its hiring process.

Justice Ongaya stated that all recruitment by public institutions must strictly comply with Article 232 of the Constitution, which outlines values and principles of public service, including transparency, accountability, and merit-based hiring.

He further emphasized that SHA’s actions not only breached the Employment Act but also undermined public trust in state institutions.

Justice Ongaya further ordered that “The declaration that the continuing or conducted recruitment process by SHA which limits or limited eligibility for positions was discriminatory, unconstitutional and violated the principles of fair competition and equality of opportunity under Article 232 of the Constitution.”

The petition to halt the recruitment had been filed by Said Omar Abdille, a concerned citizen, who argued that SHA’s hiring bypassed competitive procedures and discriminated against qualified applicants.

The petitioner accused the government of sidelining qualified candidates and conducting the recruitment in secrecy, locking out thousands of deserving Kenyans.

He further petitioned that “pending the hearing and determination of the petition, the Honourable Court be pleased to issue conservatory orders staying or restraining SHA from proceeding with the current recruitment process.”

Justice Ongaya granted the petition, stating that all public service recruitment must follow Article 232 of the Constitution.

He issued orders restricting recruitment of former NHIF staff, adding that they cannot be treated as internal applicants under the new law.

Justice Ongaya also ordered a fresh, open, and competitive hiring process for all positions.