Marsabit man sues after not being shortlisted for plum government job
Mohamed Tache Dida from Marsabit County.
A Marsabit man has moved to court after failing to make it for the shortlisted candidates for the position of secretary of the National Cohesion and Integration Commission (NCIC).
Mr Mohamed Tache Dida said he was discriminated against after being locked out of the shortlisted candidates for the position of Chief Executive Officer (CEO) of the NCIC.
Employment and Labour Relations court judge Hellen Wasilwa certified the case as urgent and directed the case to be heard on April 2.
The court, however, did not stop the interviews which started on March 25.
NCIC invited candidates for the position on January 21, 2025, and applicants were to apply by February 4.
The secretary of the commission, who is also the CEO, is responsible for the administration and day-to-day management of the affairs of the NCIC, and of the control of the other staff of the commission.
Higher qualifications
Mr Dida said he applied for the position believing that he was qualified but when he later visited the NCIC website, he said the commission had introduced additional higher qualifications that were not indicated in vacancy notice to the public or are provided in the NCIC Act.
“That the decision requirement automatically discriminated against and locked out of the recruitment process Kenyans who would be otherwise qualified under the Constitution and the law,” Mr Dida said in the petition.
It is also his argument that the commission did not conduct public participation on the requirement of the minimum experience level of 18 years and that there has been no amendment to Section 20 of the NCIC Act to increase the threshold, which is contrary to several articles in the constitution.
Mr Dida said being a public body, NCIC was expected to be transparent in the recruitment process of its CEO, but to date, no information on the number of applicants or the shortlisted candidates has been made public.
“The Petitioner contends that the current recruitment process is unconstitutional and it is not open, transparent and accountable as prescribed under Article 10 of the Constitution,” he said.
Mr Dida said that he received information that 68 people applied for the position and he had a legitimate expectation that he would be shortlisted and interviewed for the post.
However, he said he had received information that the NCIC has sent letters to selected applicants to appear for interviews.
“The Respondent (NCIC) did not indicate in its advert that only shortlisted applicants would be contacted,” he said.