High Court declines to remove Lagbogol North Chief from office
Ismael claimed that Ibrahim’s appointment was driven by nepotism and discrimination, violating his constitutional rights under Articles 27 and 47. He argued that, having served as Assistant Chief and Acting Chief, he should have been promoted to the substantive role.
The High Court has declined to suspend the recruitment of a Chief for Lagbogol North in Wajir County, following a petition by an applicant who was dropped after the interviews.
Ismael Abdikadir Osman had sought court orders to restrain the Ministry of Interior and National Administration, the Attorney General, and the Wajir County Commissioner from appointing Ibrahim Adan Abdulahi to the position.
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He also requested the court to stop the occupation and assumption of office for the position of Chief II of Lagbogol North, Hadado Sub-County, and to bar any individuals appointed by the Ministry of Interior from discharging the duties of that office.
Additionally, Ismael asked the court to halt his removal from the position of Acting Chief for the location. However, Justice Hellen Wasilwa of the Employment and Labour Relations Court declined to grant the orders.
Ismael claimed that Ibrahim’s appointment was driven by nepotism and discrimination, violating his constitutional rights under Articles 27 and 47. He argued that, having served as Assistant Chief and Acting Chief, he should have been promoted to the substantive role.
Although Ismael initially emerged as the top candidate during interviews, the Deputy County Commissioner later discovered that he had a mean grade of C- in the Kenya Certificate of Secondary Education (KCSE), whereas the advertised requirement was a minimum of C plain. As a result, the vacancy was re-advertised and Ibrahim was appointed.
“The applicant now seeks to prevent the appointed chief from assuming the position. In my view, this application is overtaken by events as the appointment has already been made and (Ibrahim) has assumed office,” Justice Wasilwa ruled.
“The orders sought, therefore, cannot be granted. I decline to allow this application and direct that the main petition proceed.”
Ismael will now have to await the hearing and determination of the substantive suit, which will decide whether he should be appointed in place of Ibrahim.
In his petition, Ismael contended that the conservatory orders would safeguard him from discriminatory treatment, alleging that his ethnicity had influenced the outcome.
In response, Ibrahim maintained that the Ministry of Interior, through the Principal Secretary and the County Commissioner, had undertaken a lawful, fair, and transparent recruitment process in line with Article 41 of the Constitution and Section 4(3) of the Fair Administrative Action Act.
The Ministry of Interior submitted that Ismael had relied on confidential interview scores, which were accessed illegally. It requested the court to strike out the unauthorised production of confidential documents relating to third parties.
“The applicant cannot base his petition on documents obtained unlawfully,” the ministry argued.
It further submitted that Ismael had fallen short of civil service values, including good governance, integrity, transparency, accountability, and discipline, given his position as a serving Assistant Chief in Lagbogol North.
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