Lawyer Mayian Sankale and Maasai community member John Ole Mpishi leaving Milimani law court after them recorded consent of parties before Justice Mumbi Ngugi over the job dispute in Kajiado County Service Board in Kajiado County.
BY SAM ALFAN.
High court sitting in Nairobi has given Kajiado county government an opportunity to resolve the employment in the region.
Justice Mumbi Ngugi said that the dispute before the court cannot be decided by the judiciary but same can be resolved by policy makers from the Kajiado County.
By consent of parties she directed that within a period of seven days the county should called for meeting to resolve the dispute and the matter be mentioned on August 27 for settlement.
Residents of Kajiado West Constituency moved to court seeking orders to nullify all the appointments made by their County government, pending the hearing an determination of the petition lodged at the high court.
The fifty five applicants who are residents of Ewuaso OO Nkingo’I and Keekonyokie wards allege 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 says 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 Mong’I and the remaining four went to Orok Kiteng clans respectively,saying they were not considered for any post despite having made requisite qualification.
The 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 Mong’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 mad respect of Ewuaso OO Nking’I and Keekonyokie wards on grounds they said recruitment infringed their constitutional rights to access public employment.