Law Graduate Wins Battle Over Moyale Chief's Position

The High Court has overturned the appointment of a chief after determining that a more qualified candidate was unfairly excluded from consideration.

The case centers on Abdullahi Omar Abajillo, a law graduate who challenged the recruitment process for the Township Location chief position in Moyale Sub County, Marsabit, through the Employment and Labour Relations Court in Meru. Represented by advocate Mugambi Kiogora, Abajillo contested the selection of Asha Ibrahim Boru, asserting that the appointment process violated constitutional principles and was marked by unfairness.

His petition sought to prevent Boru from assuming the role or receiving any associated benefits, naming several government officials and institutions as respondents, including the Principal Secretary of the Ministry of Interior and the Public Service Commission. The petition highlights serious irregularities in the recruitment process, with Abajillo's legal team arguing that corruption, tribalism, and nepotism had influenced the outcome. They presented evidence questioning Boru's qualifications, noting that she held a D-plus in the Kenya Certificate of Secondary Education, falling short of the required C (plain) grade.

Additional concerns were raised about Boru's eligibility, including her residence in a different location and her familial connection to the assistant chief of Township Sub Location. Though Abajillo claimed to have performed exceptionally well in the interviews, government officials disputed this assertion. The Principal Secretary and Moyale Deputy County Commissioner defended their decision, arguing that Abajillo's advanced qualifications, particularly his law degree, actually worked against him.

They expressed concerns about his long-term commitment to the position, suggesting he was overqualified for the role. Justice Onesmus Makau's ruling focused on the fundamental flaws in the recruitment process, emphasizing its lack of transparency and the presence of indirect discrimination against Abajillo and other candidates. The court has determined that the selection process failed to meet the basic standards of openness and fairness required for public service appointments.