A Chief in Garissa County is being accused of operating that office illegally.
A complaint against Abdirahman Makahil Rashid, a Chief II Gurufa location in Garissa County has been filed at various legal authorities within the country.
Through lawyer Suleiman Bashir, a complaint letter was written directed to Cabinet Secretary Ministry of Interior and Co-ordination of National Government, Chief Justice, the Departmental Committee of Administration & National Security, Attorney General and the president of Law Society of Kenya (LSK)on November 9,2020.
Bashir is requesting the authorities to intervene in ensuring that Makahil and the area County Commissioner upholds and comply with Court Orders as their continued conduct has occasioned prejudice and violation of the rights of the great people of Kenya.
The court orders issued on November 2,2020, requires Makahil to step aside pending the hearing and determination of the application in court that challenges his recruitment.
“Despite service of the order on the County Commissioner, Makahil has illegally assumed office of Chief II Gurufa Location in disregard of the court’s order,” added Bashir.
The complaint is about disrespect of court orders, violation of the constitution of Kenya 2020 and willful failure to uphold the rule of law by the North Eastern Regional Commissioner and the County Commissioner for Garissa County.
The letter says that on 14th October 2020, the Chief Magistrates’ Court at Garissa issued an Order in the matter of Employment Cause No. 6 of 2020.
The North Eastern Regional Commissioner and County Commissioner for Garissa, despite service of the Order on them, discarded and violated the very dictates of the said Order. 2 On 30th July 2020, the High Court of Kenya at Garissa had in the matter of Constitution Petition no. 9 of 2020 issued orders directed at the County Commissioner, Garissa County and the North Eastern Regional Commissioner.
“The duo chose not comply with the order which prejudiced our Clients’ rights. On 6th June 2020, the High Court of Kenya at Garissa issued orders directed at the County Commissioner for Garissa County in the matter of Petition No. 5 of 2020. The County Commissioner failed to abide by the Order,” reads the letter in parts.
“It is trite that although both the Regional Commissioner and the County Commissioner swore to protect and uphold the Constitution of Kenya 2010 on assuming office, they have committed to undermining the very oath they undertook,” added Bashir.
He added that by disregarding Court Orders, the Regional Commissioner and the County Commissioner equally disrespect the dignity and repute of the very public offices they hold. The duo has seemingly perfected the art and norm of disrespecting/disregarding Court Orders and have proven a law unto themselves.
Senior Resident magistrate Mr Ole Tanchu had last year restrained Abdirahman Makahil Rashid from physically accessing that office.
On February 2,2021 Makahil had also been stopped from discharging the functions of the said office and Deputy county commissioner, lagdera sub-county and Officer Commanding Station (OCS)Modogahse police station ordered to enforce those orders.
“Pending the hearing and determination of the application in court Makahil is restrained from accessing the office of chief II Gurufa location, Garissa County, “ruled Mr Tanchu.
At the same time, the magistrate 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.
In the Suit, Salah Dubat Sigat has filed an application seeking to suspend the operations of Makahil pending the hearing and determination of the suit in court.
Salat 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 but Makahil did not qualify.
Through lawyer Bashir, Dubat says that Makahil did not meet the requirements of the recruitment because he was then 28 years instead of over 31 years as required.
“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),” added Bashir in the application.
Bashir says that Makahil is not even a resident of Gurufa location.
“Makahil failed to meet the mandatory requirements for the appointment to the position of Chief II Gurufa location and that this fact should have disqualified his candidacy,” added Bashir.
Bashir says that the appointment of Makahil is a barrier to vital constitutional right of the people of Gurufa location which is captured under article 56 cc 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 the recruitment exercised were announced which appeared odd and irregular to Dubat, the applicant, “added Bashir in the application.
He says that the entire recruitment process is compromised and therefore should be nullified.
“The entire process lacks fairness, transparency, openness and equality and was malicious,” says Bashir.
The lawyer says that the recruitment process is unlawful, illegal and contravenes the law.
The matter has been filed at the chief magistrate’s court at Garissa. The AG has since applied for more time to put in his response in the matter.
The matter will be heard on February 18,2021 at Garissa courts.
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