Activist Threatens Court Action Over ‘Discriminatory’ Recruitment Notice

By Suleiman Mbatiah

A legal showdown is looming over a government job advertisement in Nakuru County that an activist says unlawfully locks out young applicants through an age restriction.

Laban Omusundi has petitioned the Deputy County Commissioner for Nakuru Town East Sub-County, challenging an advertisement for the position of Chief II at Teachers Location.

In a letter dated February 17, 2026, Omusundi, who introduces himself as an ‘Active Citizen’, objects to the requirement that applicants “be not less than 35 years of age,” terming it unconstitutional.

“It has come to my attention that there is an advertisement for a vacant position of Chief II Teachers Location… whose requirement No. 2 discriminates against youths below the age of 35 years,” he stated.

The advertisement, dated February 4, 2026, was issued by the Office of the President through the Ministry of Interior and National Administration.

It invites applications for Chief II, Job Group ‘H’, outlining duties that include coordinating national government functions and chairing peace and security committees at the location level.

Under the listed requirements, applicants must hold a minimum KCSE grade C (Plain) and meet other qualifications, including residency and communication skills.

The notice also specifies that candidates must be at least 35 years old, a condition Omusundi argues violates constitutional guarantees of equality and inclusivity.

“Such an age-based limitation of this nature is discriminatory and contravenes the Constitution of Kenya, particularly the principles of equality, non-discrimination, inclusivity, and fair competition in public service recruitment,” he stated.

Omusundi contends that public offices must remain accessible to all qualified citizens and should not impose barriers that exclude young professionals from leadership opportunities.

“Public offices must serve all citizens fairly, not create artificial barriers that lock out young qualified Kenyans from leadership and public service,” he said.

He has asked the Deputy County Commissioner to withdraw the advertisement and re-issue it without what he calls discriminatory provisions. He added that the advertisement should be withdrawn and re-issued without any discriminatory age requirement.

“Failure to comply with the Constitution will leave us with no option but to move to the High Court and hold the responsible officer personally accountable for violation of constitutional rights and abuse of public office,” he said.

As of press time, the Deputy County Commissioner had not publicly responded to the petition.