The Mandera County government has been dragged to the Employment and Labour Relations Court in Nairobi following the cancellation of a recent mass recruitment of staff.
A petitioner, Ibrahim Mohamud Ibrahim, has moved to court seeking to have the cancellation of hiring of at least 1,000 people by the Governor Ali Roba’s administration quashed.
Through lawyer Jamal Bake Hassan, Mr Ibrahim says that the cancellation breached the Constitution and employment laws.
SEEKING JUSTICE
“I decided to move to a court of law to seek justice for the many affected people who had applied and [were] successfully considered for jobs in Mandera and I want to shield the ongoing threat, violation and contravention of our Constitution,” said Mr Ibrahim.
The petitioner is seeking orders restraining the Mandera County government from cancelling the recruitment of staff.
Governor Ali Roba’s Cabinet announced the cancellation of recruiting of new staff on June 14 as the Ethics and Anti-Corruption Commission (EACC) launched investigations into an alleged hiring scam.
Mr Ibrahim also wants the court to bar the Mandera County Public Service Board from advertising for and or recruiting new employees to fill the vacancies created by the county executive after cancelling the recruitment.
INJUNCTION
The court has also been asked to issue a temporary injunction restraining all respondents from implementing or enforcing the Cabinet resolution dated June 14, 2019 cancelling the recruitment exercise in Mandera.
The petitioner also wants the court to order the county public service board to produce copies of the advertisements in newspapers calling for applications for all positions for which employees were recruited.
If the request is granted, the board will also have to produce copies of all applications, academic testimonials and all documents from all applicants for all positions cancelled.
STATUS QUO
The court on Wednesday ordered the respondents to maintain the status quo with regard to the recruitment, selection and appointments, pending inter partes hearing set for June 27, 2019.
Among those listed as respondents is Governor Roba, the county government of Mandera, the county executive committee and Mandera county public service board.
The EACC, Directorate of Criminal Investigations, Public Service Commission and the Commission on Administration of Justice are listed as interested parties.
On Wednesday a section of Mandera MCAs termed the cancellation of the recruitment as an illegality.