Residents of Gurufa Location, Lagdera Sub County in Garisa County want a 28-year-old Chief who was recruited in 2019 dismissed saying he was not procedurally hired.
They said Chief Abdirahman Makahil Rashid was hired when he was 28 years old instead of 31 years and flopped in his KCSE since he got a D instead of a C which are the basic requirements.
Through Lawyer Suleiman Bashir, petitioner Salah Dubat Sigat has filed a case in court saying Makahil is illegally in office.
Salah wants the court to nullify the recruitment process for the filing of the position of Chief II Gurufa location that was carried out on November 16,2019.
He argues that the position required one to be not less than 31 years of age, have a minimum of C plain in the Kenya Certificate of Secondary Education (KCSE) and be a resident of Gurufa location.
“Makahil had sat for the Kenya Certificate of Secondary Education (KCSE) in the year 2011 at County High School in Garissa and attained a mean grade of D(plus),” said Salah in his application.
Salah added that the appointment of Makahil is a barrier to vital constitutional right of the people of Gurufa location.
He said the recruitment undermined article 56 of the constitution of Kenya 2010 in taking opportunities from marginalized people given that the recruitment served as an affirmative action.
“There was considerable delay before the results of the recruitment exercise were announced which appeared odd and irregular, “the petitioner said.
Lawyer Suleiman said the entire process lacks fairness, transparency, openness, equality, was malicious and should be nullified.
The matter was filed at the chief magistrate’s court in Garissa.
The petition has also been sent to Interior CS Fred Mating’i , Chief Justice, Parliaments Departmental Committee on Administration and National Security , the Attorney General and the LSK.
It was sent out on November 9,2020.
Lawyer Bashir said Chief Makahil and the area County Commissioner have defied court orders.
On 6th June 2020, a Garissa court issued orders directed at the County Commissioner for Garissa County to ensure Makahil is out of office.
Another order was issued on 30th July 2020.
They were a disregarded.
Senior Resident magistrate Mr Ole Tanchu had last year on 14th October 2020 restrained Abdirahman Makahil Rashid from physically accessing the office.
A court order was also issued on November 2,2020, for Makahil to step aside pending the hearing and determination of the application.
Bashir said North Eastern Regional Commissioner and the County Commissioner for Garissa have disrespected court orders and violated the constitution of Kenya.
On February 2,2021 Makahil had also been stopped from discharging the functions of a chief by the High Court in Garissa.
Deputy county commissioner, Lagdera sub-county and Officer Commanding Station (OCS)Modogahse police station were ordered to enforce the orders.
In the earlier ruling by the Magistrates Court, the court restrained Commissioner Secretary, Public Service Commission from paying the salaries /allowances or other emoluments to Makahil in the capacity of Chief II of Gurufa location pending the hearing and determination of the suit.
The AG has since applied for more time to put in his response in the matter.
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