High court halts planned removal and replacement of Modogashe chief

The high court in Garissa has ordered the reinstatement of the recently appointed Modogashe chief after three area residents petitioned the court to stop his removal from office.

Mohamed Khadar Hussein Gure was at risk of losing his employment owing to political interference before the residents sought interventions from the court to stop a repeat of the selection process.

Garissa County Commissioner had issued a public notice that the exercise for the selection of the chief will be repeated.

However, residents learnt that a Member of Parliament had coerced the national government officials to sanction a repeat of the recruitment exercise to remove Mohamed from office and replace him with a particular candidate of their choice.

The residents – Duben Hussein Gurey, Anwar Yussuf and Maslah Hussein Gure –petitioned the high court to stop the mischief.

They had sued the cabinet secretary and principal secretary for the Ministry of Interior, the North Eastern regional coordinator, the Garissa County Commissioner and the Lagdera Deputy County Commissioner as respondents.

The petitioners argued that the appointing authorities found Mohamed's nomination process as properly conducted having been undertaken by members of all clans, to avoid violation of the law and human rights.

"Therefore, revoking the appointment of Mohamed would be denying him an opportunity to lead the locals considering clan dynamics. Further, considering the advert for the impugned position was done three (3) times, there are no reasons for further interviews or purpose for the government spending more time and resources on a process that has taken a protracted period," the petition reads in part.

"There has also been disruption of community services in the Modogashe location since the previous chief retired and the community has been without a chief. In view of the said illegal notice, there shall be a gross violation of the rights of the citizens of Modogashe Location as it goes against their wishes as expressed during public participation exercises."

Justice Byram Ongaya of the Employment and Labour Relations Court (ELC) stopped the ouster and restrained the Ministry of Interior and its agents from reversing Mohamed's appointment as the Chief.

"The Court hereby freezes and stays, any directive, notice or communication directing the repeat of the process for the conduct of interviews for the appointment of Chief II Modogashe Location, in Modogashe Division, Lagdera Sub County, Garissa County," stated Justice Ongaya.

"The Honourable Court hereby upholds and affirms the results of the previously conducted selection process that led to the recommendation of the appointment of (Mohamed) as the as the Chief II Modogashe Location which represented the wish of the citizens of Modogashe Location."

They wanted the high court to declare a circular purporting to announce the decision to repeat the process of appointment of the Chief as irregular and contrary to the best interest of the community and offends the core values of governance prescribed under the constitution.

The officials of the Ministry of Interior sued did not controvert the facts of the petition as argued in the supporting affidavit and exhibits thereto.

Justice Ongaya said the officials argued that the petitioners did not deserve the court's attention because they were pursuing a private right of the successful candidate Mohamed.

They argued that three were not a group that could represent a successful candidate at the recruitment and selection process and Mohamed has not been shown to be under incapacity to file the petition and enforce his rights by himself.