Lawyer denied chief's job for being overqualified gets a second chance

A man who was denied a chance to become a chief for allegedly being overqualified has gotten relief after the High Court quashed the appointment of his competitor.

Abdullahi Omar Abajillo, who holds a bachelor's degree in law, had lodged a petition in the Employment and Labour Relations Court at Meru where he argued that his constitutional rights were violated during the recruitment process of the chief for Township Location in Moyale Sub County, Marsabit.

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

Abajillo said the process in which Boru got the job was unconstitutional, illegal, unreasonable, irrational, and constitutionally unfair.

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

He named the Principal Secretary, Ministry of Interior and Coordination of National Government, Regional Commissioner (Eastern), Marsabit County Commissioner, Moyale Sub County Deputy Commissioner, the Attorney General, and Public Service Commission as respondents.

Mr Kiogora said his client was among other candidates who applied for the job after the ministry advertised the vacancy and the panel that did the interviews recommended Boru, leaving him feeling aggrieved since the process and the appointment was marred with corruption, tribalism, and nepotism among other malpractices.

Abajillo claimed Boru was not qualified for the appointment as per the advertisement and the schemes of service.

He said she possessed an academic grade of D-plus in the Kenya Certificate of Secondary Education instead of C (plain), and she hailed from another location.

Abajillo told the court that the principle of fair representation was breached as the minority community was unrepresented and that the winner was a sister to the assistant chief, Township Sub Location, and the community was dominant.

Abajillo contended that, although he emerged the top candidate during the interviews, Boru was unfairly recommended for appointment, an act which amounted to abuse of administrative authority and discretion. He said the actions of the respondents violated his right to equality before the law and freedom from discrimination.

However, the PS and the Moyale Deputy County Commissioner told the court that Abajillo was trying to mislead the court that the panel had declared him the top candidate and that the results of the interviews were never shared anywhere save in the court.

The two also said the appellant was overqualified for the position as he held a Bachelor of Laws degree and therefore was not suitable for appointment as they doubted his ability to hold the office for long if chosen.

In his decision, however, Justice Makau said it was clear that the process lacked openness as there was material non-disclosure. He said the recruitment process was tainted with indirect discrimination against Abajillo and other applicants.