NAIROBI, May 29, 2025 – The Employment and Labour Relations Court in Nairobi has declared the Social Health Authority’s (SHA) recruitment process unconstitutional, halting a March 2025 advertisement that limited applications to former National Health Insurance Fund (NHIF) staff.
The ruling, delivered by Hon. Justice Byram Ongaya, responded to a petition filed by Said Omar Abdille, who challenged the process as discriminatory and in violation of constitutional principles.
The court found that the SHA’s restriction of vacancies, including roles like Quality Assurance Officers, County Coordinators, and Directors, to former NHIF employees breached Articles 27, 41, 47, and 232 of the Constitution of Kenya, 2010, which uphold equality, fair labor practices, fair administrative action, and merit-based public service appointments.
The SHA, established under the Social Health Insurance Act, 2023, was deemed to have misinterpreted transitional provisions, as former NHIF staff did not automatically transition as SHA employees and could not be treated as internal candidates.
Justice Ongaya issued an order of prohibition stopping the recruitment process and an order of mandamus compelling the SHA to advertise all positions in its approved establishment through an open, fair, competitive, and transparent process, as required by law. Any decisions made under the restricted advertisement were quashed by an order of certiorari.
The court emphasized that the SHA must comply with the Public Service Commission Act, 2017, ensuring vacancies are advertised widely and without discrimination. Each party will bear its own costs for the petition and application.