Labour Court bars Mandera County Assembly from vetting new CECs


The Employment and Labour Relations Court has barred Mandera County Assembly from vetting or approving three people appointed to serve as County Executive Committee members

Judge Hellen Wasilwa stopped the assembly from vetting Adan Dagane Hamud, Nadhifa Ahmed Mohamed and Rahma Abdow Abdirahman; Trade, Investment, Industrialization and cooperative development, Gender and Social services and Agriculture and livestock and  Fisheries CECs respectively pending the hearing and determination of a suit filed by the former CECs that held the above positions.

The judge directed the matter be heard on 24th September before Justice Onesmus Makau for further directions.

The petitioners, Abdlaziz Sheikh Maad, Shamsha Mohammed Haji, Jahora Mohammed Abdi who held the above positions respectively and chief officer in charge of medical services Hassan Mohammed Ahmed who were sacked by Governor Ali Roba filed the application to stop the vetting on grounds that it was against a previous court order.

The four had sued the governor, the county government and county assembly of Mandera over wrongful termination where the court ruled in their (petitioners) favour and directed that they be reinstated or compensated.

Justice Makau further declared that the decision by Governor Roba to relieve the four of their duties was a breach of their constitutional rights of the constitution and that the same was null and void for all intent and purposes.

The court gave the Governor the option to either reinstate or compensate them within 90 days of the judgement.

Further, the Governor was ordered not to fill the positions previously held by the petitioners until they had been fully compensated.

The petitioners are seeking over Sh 50 million being their gratuity and salary for the remainder of their term

In the application challenging the vetting, the petitioners claim that the Clerk of Mandera County Assembly informed members of the public vide and advertisement in the local daily newspapers on 29th October 2020 that the Governor had nominated Hamud, Mohamed and Abdrahaman for the positions they held.

The court further heard that Governor Roba via a statement issued on 24th August 2020 indicated that he had confirmed Mr Abukar Sheikh as the Chief Officer for medical services thereby replacing Ahmed.

The court heard that it is imprudent use of public funds to pay the petitioners over Sh 50 million and at the same time nominate three CEC members and appoint one chief officer who will consume a similar amount, acts which amount to abuse of office.