The Employment and Labour Relations Court in Kakamega has nullified the appointment of John Barasa Andati as Matiha sub-location assistant chief, barely five months after he assumed office.
Justice Jemimah Keli declared the position vacant on April 30 after residents successfully filed an application seeking to overturn the appointment which they claimed was biased.
Andati took office on February 1, but Samuel Amamabia (applicant) on behalf of the residents of Navakholo challenged the appointment in court over claims that he gave false details about his age.
The petitioner alleged that the appointment was marred with corruption.
In her ruling, the Judge said that the court adopts the Supreme Court's position that the interested party’s application has no legs to stand on.
“The main application has been withdrawn and the court is only called upon to consider issues raised by the principal parties which in the present have been settled. There is no basis to grant leave to institute the judicial review proceedings,” said Judge Keli.
She also ordered the interested party’s application dated March 19, 2024, be dismissed for being improper.
“The court notes that in the event the interested party is aggrieved with the decision by the employer (respondent) he is at liberty to sustain the interested party’s application of March 19 this year. Subsequently, the application is dismissed for being improperly filed as there was no suit before the court. No orders as to costs,” said Justice Keli.
According to the court documents, Western Regional Commissioner Macharia Irungu admitted that he received a complaint against the appointment of the assistant chief.
“That upon review of the said complaint, my office determined that the same raised valid and legitimate concerns on the shortlisting and recruitment process undertaken leading to the appointment of the interested party into the position,” read part of the affidavit signed by Macharia.
The Regional Commissioner said he wrote a letter to the Kakamega County Commissioner, who is the (third respondent) in the matter asking him to instruct the Deputy County Commissioner (first respondent) to suspend the recruitment and recall the appointment letter issued to the interested party immediately.
Addressing the Press shortly after the court ruling, Amambia said that he was prompted to seek justice in court because the assistant chief had not attained the appropriate age required by the law.
“This seat has been left vacant in our area for a year just because they wanted him to reach 30 years because they knew that if they push the exercise for a year he would attain the required age,” he said.
He also said that Andati was only seen in the last phase of the interview at the Regional Commissioner’s office.
“Leadership shouldn’t just go to one house, even the poor must be given a chance in society and it's very unfair to see them being denied a chance to lead. Andati was absent in all the three interviews that took place and it was very unfair for those conducting the exercise to allow him to attend the last phase. That was evidence of corruption and as the people of Matiha sub-location, we couldn’t allow that to happen yet we had other people who qualified for the position but were rejected,” said Amambia.
However, Bishop Francis Odongo on behalf of Atandi's side said that they would appeal the ruling. He however blamed the Regional Commissioner's office for corruption during the exercise.
“We have people who died long ago and they have used their National Identity Cards in the process. We believe in our appointed assistant chief and we hope that we shall get justice,” said Odongo.
Leah Maina claimed that the office of the Regional Commissioner was responsible for what transpired because Andati had already been given a certificate of service and had already started working.
“He had already gotten authority to lead. What transpired in between? Because if he was unfit he could not have gotten the opportunity to serve. We are sure something went amiss. Already there is division in our community following this development," she said.
