Three Mandera residents sue Governor Mohamed Khalif over ethnic imbalance

Mandera Governor Mohamed Adan Khalif. (Photo: Mary Wambui)

By Carolyne Kubwa
Thursday, May 15, 2025

Hussein and Issack claim they applied for various positions advertised by the County Public Service Board, were shortlisted but not selected, despite meeting the requisite qualifications.

Three Mandera residents have sued their County Governor, accusing him of favouritism and ethnic discrimination when hiring health staff.

In an application already certified urgent by Justice Byram Ongaya, Mohamed Ismail, Hussein Abdi, and Issack Abdi Abdullahi claim there is an ethnic imbalance in the employment of health workers in the county.

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In their petition, Hussein and Issack claim they applied for various positions advertised by the County Public Service Board on August 6, 2024. They were shortlisted but were not selected, despite meeting the requisite qualifications.

According to the petitioners, during the shortlisting and final appointment process, a disproportionate number of appointees, over 80 per cent, were drawn from a few clans while qualified and deserving applicants were excluded.

While considering the application, Justice Ongaya directed that all the respondents be served forthwith with an inter-partes hearing set for May 21, 2025, at the Employment and Labour Relations Court in Garissa.

"The deliberate favouritism by the county government constitutes ethnic discrimination and violates the principles of equality, inclusivity, transparency and fair competition enshrined in the Constitution and statutes governing public appointments," they argue in court papers.

The petitioners are asking the court to declare that the respondents' actions in shortlisting and appointing candidates from a few clans while sidelining others violated Articles 10, 27, 73, and 232 of the Constitution.

The petitioners argue that the deliberate favouritism by the county government constitutes ethnic discrimination and violates the principles of equality, inclusivity, transparency and fair competition enshrined in the Constitution and statutes governing public appointments.

The final recruitment outcome, according to petitioners, revealed that in several positions, more persons were appointed than the number advertised, without any legal basis or public explanation. Following these irregularities, some residents lodged formal complaints with the Ethics and Anti-Corruption Commission (EACC) in a letter dated April 2, 2025.

The Petition says that the respondents failed or refused to respond to information requests concerning the recruitment process, thereby violating the Petitioners' right to access information and hindering transparency and accountability.

The result is a recruitment process that is not only unconstitutional and unlawful but also excludes minorities and marginalised groups, contrary to the values of the Constitution," Mohamed Ismael argues in court papers.

According to the petitioners, the recruitment lacked objectivity, impartiality, and merit and was influenced by favouritism and nepotism, undermining public confidence in the integrity of the county's leadership.

"The respondents failed to ensure representation of Kenya's diverse communities in the County Public Service contrary to constitutional obligations, in breach of the statutory prohibition against unfair labour practices," the petitioners say.

They are also seeking a declaration that the recruitment and appointment of more persons than advertised is unlawful, unconstitutional, and null and void and are also seeking an order of certiorari quashing the appointments arising from the impugned recruitment process.

The petition also prays that the court compel the Respondents to re-advertise the affected positions and conduct a fresh, inclusive, and merit-based recruitment process.