Three Mandera residents have sued the County Government over what they termed as ethnic imbalance in the employment of health workers.
Through Naikuni, Ngaag and Miecha Company Advocates, Mr Mohamed Ismail, Mr Hussein Abdi and Mr Issack Abdi Abdullahi have sued Governor Mohamed Adan Khalif, the county government of Mandera and the County Public Service Board.
Mr Abdi and Mr Abdullahi 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 percent were drawn from a few clans while qualified and deserving applicants were excluded.
While considering the application, Justice Byron 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 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,” Mr 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.
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.
They also prayed for 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 2nd and 3rd Respondents to re-advertise the affected positions and conduct a fresh, inclusive, and merit-based recruitment process.
The three are also seeking an order compelling the respondents to submit to the Court and the Public Service Commission (PSC) a report on the ethnic and clan composition of the County Public Service workforce.
