Two residents of Mandera North are seeking the removal of a chief appointed from a different ward, alleging he is ineligible.
Employment and Labour Relations Court Judge Stephen Radido heard that Mohammed Hussein, an assistant chief in Rhamu Dimtu Location, did not qualify academically and is computer illiterate.
Petitioners Messrs Ibrahim Mohamud Ibrahim and Abdi Dima Yakub, residents of Rhamu where the post was advertised, claim residents were disenfranchised and an unqualified person forced on them.
They say Mr Hussein does not have the requisite academic qualification - a minimum grade C the Kenya Certificate of Secondary Education exams, and that the imposition violated the fundamental and constitutional rights of Rhamu residents.
Mr Ibrahim and Mr Yakub further allege that some applicants from Rhamu qualified for the post but were not selected.
Their lawyer told the court the appointment of a resident of another location would likely trigger inter-clan animosity, which he noted should be avoided at all costs.
“The appointment is irregular, unlawful and unconstitutional and contravenes Articles 10, 22,41, and 233 of the Constitution, the supreme law of the land,” Mr Ibrahim says in an affidavit to support the case.
In their bid to prove their allegations, they urged the court, under Article 35 of the Constitution, to compel the Attorney-General to avail details of all those who applied for the post and were shortlisted and interviewed for the office.
They also asked the court to restrain the Interior minister, the North Eastern regional commissioner, the county commissioner and deputy county commissioner from swearing-in Mr Hussein until the case is determined.
They further want these respondents in the case compelled to pay them the costs of the suit.
The two filed the case under a certificate of urgency through lawyer Samuel Ayieko of Laichena Mugambi & Co. Advocates.
In his ruling on Friday, Justice Radido directed the AG to file evidence in answer to the petition and provide all the relevant information about Mr Hussein by November 25.
The judge, however, declined the request to avail interview details, saying this would amount to prejudice as the people were not named parties in the case.