How lawyer denied chief's job for being overqualified won case

Court gavel.

Abdullahi Omar Abajillo, 35, a lawyer and married with four children surprised many when he applied to become the chief of Township Location in Moyale, Marsabit County.

Abajillo says his motivation for wanting to be chief was not driven by anything, other than service to the community, and engagement of youth in job opportunities.

However, Abajillo was overlooked for the job, with the interviewing panel claiming he was overqualified. He ran to court for help.

He successfully sued several national government officials, including Interior Permanent Secretary and Moyale Sub-County Deputy Commissioner, at the Employment and Labour Relations Court in Meru County, saying he was denied his right to apply for, and get a government job.

Abajillo through his advocate Mugambi Kiogora, said he applied for the job, but instead, Asha Ibrahim Boru was picked.

In the matter that was brought before Justice Onesmus Makau, Abajillo sought an order restraining Boru from assuming office, exercising power and functions of Chief Grade 11 for Township Location or drawing any salaries or allowances.

Interior PS and Moyale Sub-County Deputy Commissioner argued that the petitioner was overqualified for the position as he held a Bachelor of Law degree and, therefore, was not suitable for appointment as they doubted if would serve in public service for long.

His allegations of violations of the constitution was supported by the Public Service Commission, which had delegated the appointment duties.

Ruling in favour of Abajillo, Justice Onesmus Makau said it was clear that the process lacked openness as there was non-disclosure of material, by Boru and the Deputy County Commissioner to the interviewing panel, that Boru was a sister to the Assistant Chief of Township Location to whom she was to play supervisory role, hence conflict of interest. “Having considered the evidence and submissions presented to the court, I find that the non-disclosure of material facts about the blood relationship between the fifth respondent (Boru) and Assistant Chief in the same location violated the principles of transparency and accountability,” Justice Mau said.

He said the Deputy County Commissioner was made aware of the said blood relationship through a letter, but failed to reveal the matter during the interviews.

He ruled that Boru had a Grade D in the Kenya Certificate of Secondary Education (KCSE) and did not have a diploma in any of the required fields.

“She was, therefore, not qualified for the appointment to the position advertised. The fifth respondent was also not a resident in the Township Location,” stated the Judge.

He said the recruitment process was tainted with indirect discrimination against Abajillo and other qualified applicants who were locked out by the addition of marriage and age factors as requirements in the advertisement.

With residents now expecting a fresh recruitment process, Abajillo says he wants justice for discriminated communities.

He claims there was no representation of the minority and marginalised communities within Moyale Sub-County in the local administration. 

The area is mainly occupied by the Borana, Gabra, Garri, Burji, Sakuye and Kona communities.  “I am driven by passion to give back to the community. By engaging in community service through sharing my experience, skills and knowledge,” Abajillo told The Nairobian.

He said he wanted the job as a response to lack of good leadership and governance that conformed with people’s needs and aspirations.