Court throws out suit by assistant chief dismissed for using fake KCSE certificate

On October 19, 2022, the Public Service Commission (PSC) ordered an audit of academic and professional certificates for all newly appointed officers in the Ministry and relevant state corporations, in the last 10 years.

Kenya National Examination Council (Knec) undertook the exercise to authenticate 7,779 copies of academic certificates for the employees, including Zeinab Abdullahi who was employed as an assistant chief in Garissa.

On July 12, 2023, the Knec Chief Executive Officer revealed that Abdullahi did not sit for the 2009 KCSE examinations at Madogo Secondary School under index number 103401/062.

The CEO revealed that the bona fide candidate who sat in the said year under the aforementioned index number was Manyanya Evans Jack.

Abdullahi confessed that she was a Class Eight leaver and obtained a Form Four certificate from another person, since the role required the KCSE certificate and she needed the job. 

She expressed remorse for her actions and begged for forgiveness.

However, Abdullahi was dismissed from the job on February 12, 2024.

Aggrieved, she sued PSC, Ministry of Interior, Department of Interior and Attorney General for condemning her unheard.

She argued that failure to convene a disciplinary hearing and invite her to attend, PSC and Ministry and the Department of Interior contravened her rights and termed the dismissal retrospective.

Abdullahi said that by failing to furnish her with detailed information and the material evidence relied upon to decide to dismiss her from employment, especially the correspondence between them and the Council, her rights under Articles 47[1][2] and 50[1] and [2] of the Constitution of Kenya, 2010, were violated.

She said by serving her with the letter dated August 3, 2023 on September 11, 2023 three days to the expiry of the 21-day response period PSC acted in bad faith. 

Abdullahi claimed that they condemned her unheard and denied her the right to a fair administrative process and the opportunity to be heard, as required by the Constitution

However, PSC said Abdullahi’s contract was entered into through fraud and or illegality is null and void, and a party cannot be allowed to benefit from such fraudulently or illegally induced contract.

Justice Ocharo Kebira proceeded to dismiss Abdullahi’s petition on the grounds that the substantive remedies sought do not depend on the “constitutional issues” raised.

Justice Kebira said the reliefs sought ought to have been pursued under the Employment Act in an ordinary claim, through the procedure provided under the Employment and Labour Relations Court Act and the Practice and Procedure Rules of this Court.

“It is imperative to note, therefore, that a mere allegation that a human right or fundamental freedom has been or is threatened with violation is not sufficient to engage the Court's jurisdiction under the provisions of the Constitution rather than under statute,” said Justice Kebira.