A serving Assistant Chief who emerged as the best candidate in interviews for promotion to Chief has been denied the job after the Employment and Labour Relations Court ruled that she did not meet the minimum academic qualifications required for the position.
The woman had served as the Assistant Chief of Ngiini Sub-Location since 2020, with her appointment confirmed in 2021. When the position of Chief of Mitaboni Location became vacant, she applied for the promotion and outperformed every other candidate, scoring an impressive 82.66 percent in the interviews. For her, it appeared to be the natural next step in her career. Years of public service, experience on the ground and the highest interview score had earned her the promotion.
However, Two residents of Mitaboni moved to court challenging her appointment, arguing that despite topping the interviews, she did not possess the minimum KCSE mean grade of C (Plain) required for appointment as a Chief. They pointed out that she had attained a D-, making her academically ineligible for the position.
The Public Service Commission agreed with them and admitted that although she had been appointed, the recruitment process failed to comply with the Constitution and public service laws because she did not meet the mandatory academic threshold.
In her defence, the Assistant Chief argued that she had already demonstrated her ability to serve the public. She told the court that she had years of experience as an Assistant Chief, held a diploma, had undergone professional training and understood the needs of the local community. She maintained that merit should not be measured solely by KCSE grades earned years earlier.
However, Justice Jemimah Keli ruled that while experience and interview performance are important, they cannot override mandatory qualifications prescribed for a public office. The judge held that academic qualifications form part of the constitutional requirement for merit-based appointments and that serving as an Assistant Chief did not exempt her from meeting the minimum qualifications for promotion.
By the time the judgment was delivered, the Public Service Commission had already directed that her appointment be cancelled and another qualified candidate be recommended for the position.
