Lawyer Pauline Muhanda with some residents of Kajiado West Constituency at Milimani Law court.
High court has dismissed an application by section of Kajiado residents who claimed they were discriminated in employment and recruitment process by the county service board
Justice Mumbi Ngugi of constitutional and Human Rights division, said that the application was improperly in court and no order can be issued in favor of the applicants.
The judge upheld the submission by the county service board, through lawyer Mayian Sankale that those aggrieved by being left out in the recruitment should have approached Public Service Commission.
” The court can not decide whom the board should employ saying that regulation and rules have been set out clear for those seeking employment ought to follow” the judge said.
She said has submitted by the board counsel that the recruitment was done based on what had been advertised and candidates were selected on criteria of their qualification and suitability.
Mr Sankale had told the court during the hearing that interviews were conducted and no one could have established which candidates belonged to certain clan, it is the qualification that was considered by the board
He submitted that some petitioners who came to court did not even apply for the jobs as advertised.
The fifty five applicants who are residents of Ewuaso Odo Nkingo’I and Keekonyokie wards alleged discrimination in the public appointment by the Kajiado County Service Board, saying there has been unfair distribution of employment amongst their community.
The applicants James Tinai Murete and Gideon Meyoki who represents their colleagues in the petition told the court through their lawyer Pauline Muhanda that the county government of Kajiado did advertise for 24 vacancies and the applicants were the first to apply.
They latter learned that 20 slots were given to adjacent clan Odo Nkingo’I and the remaining four went to Orok Kiteng clans respectively, saying they were not considered for any post despite having made the qualification.
Their lawyer told the court that the county service board in making the appointment failed to adhere to the 2/3 rule on gender and equality as prescribed in the constitution which provide for the consideration of persons with disabilities.
She said that due to the uneven appointments, other tribes like Kambaas, Kikuyu, Somali, Luo and Luhyas who reside in the constituency were completely marginalized in the recruitment.
The court heard that the applicants are so disadvantaged due the fact that the members of County Assembly (MCAs) representing their wards are from the dominating Odo Nkingo’I clan.
The lawyer submitted that her clients are apprehensive that the county government has also advertised for eleven vacancies whose deadline was June 20, saying that they fear that Service Board will discriminate upon them as a clan and their constitutional Rights to equality and freedom will be violated as happened before.
” As a clan will stand discriminated upon by the county government for many years to come unless the court intervenes” the lawyer said.
She urged the court to order for nullification of the appointments made respect of Ewuaso OO Nking’I and Keekonyokie wards on grounds that the said recruitment infringed their constitutional rights to access public employment.