Court petition challenges master's degree requirement for prison promotions

A new court petition is challenging a government directive that makes a master's degree a requirement for promotion within the Kenya Prisons Service, arguing it is discriminatory and lacks fairness.

The petition, filed by activist Fredrick Bikeri, faults the decision to require graduate officers to hold a master's degree before being promoted to the rank of Inspector of Prisons.

Bikeri argues that the rule is not only unjustified but was introduced without consulting stakeholders or allowing public participation.

Represented by lawyer Danstan Omari, the activist says the policy goes against the principles of fairness and equality in public service.

The requirement, he says, blocks career growth for officers who have already been serving the country but lack the means to obtain a postgraduate qualification.

“The affected serving officers, most of whom lack the financial or logistical ability to pursue a Master's degree while in full-time service, are being systematically excluded from upward mobility in a manner that is discriminatory and contrary to public service values,” the petition reads.

Court documents indicate that most of the officers affected by the policy are unable to study further due to the high cost of education and the demands of their full-time roles.

According to Bikeri, this creates a barrier that unfairly locks out competent and experienced officers who do not meet the new academic standard.

Bikeri is asking the court to stop the government from enforcing the policy and to suspend any promotion interviews that rely on the new requirement. He also wants the court to completely overturn the directive.

His legal team argues that the rule introduces unnecessary inequality in the promotion process by favouring new entrants who may already have postgraduate qualifications over long-serving officers with practical experience.

“This directive imposes an unjustified disparity, disadvantaging experienced, long-serving officers in favour of newer recruits who may already meet the academic threshold,” the petition further states.

The court has directed that the documents be served to the relevant parties.

Bikeri is expected to appear before Justice Mugambi on May 14 for further directions on the matter.

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