Tussle over Turkana county Solicitor's job
Relief group World Vision Kenya and its former driver are embroiled in a court tussle over the organisation’s policy that regulates the employees’ love relationships.
The Labour Relations court has stopped the Turkana County Public Service Board from hiring a county solicitor following a dispute lodged by a top official in the County Government.
The official, Mr David Eyanae Esuron, has been holding the position in an acting capacity and was not shortlisted for interviews.
He is the Principal Legal Counsel in the office of the County Attorney and is challenging the decision of the Board to sideline him yet he has been the Acting County Solicitor since September 2024.
He was looking up for consideration after the Board advertised the vacancy and according to court papers, he had legitimate expectation that the Board would allow him to compete with other persons interested in the position.
He was, however, surprised to find his name missing from the list of candidates shortlisted for interviews by the Board, triggering court action.
"I applied for the position in response to the advertisement posted by the Board and my application was duly received and entered into the register of applications. On January 16, 2025, the Board published a list of candidates shortlisted for the position and to my utter shock and dismay, my name was missing," said Mr Esuron.
Those shortlisted were Lucas Lele Ikapolon, Akuwam Jane Ebenyo and Ekal Lokuruka.
'No reason provided'
"Mr Esuron's name is deliberately not published among the shortlisted candidates for the position of County Solicitor yet he is serving in acting capacity.
"No reason has been offered by the Board as to the reason why Mr Esuron did not meet the threshold of shortlisted candidates despite serving in acting capacity and having more experience than the other candidates. His efforts for reasons have been fruitless," says Mr Esuron's lawyer Otieno Aluoka in the court filings.
In the court order issued by Justice Maureen Onyango, the Employment and Labour Relations court stopped the Board and the County Secretary "from substantially filling the position of County Solicitor until further orders" from the court.
The judge declined the lawyer's request to halt the interviews and ordered the board to include Mr Esuron among the shortlisted candidates.
'More experienced'
In his affidavit, Mr Esuron said he was admitted to the Roll of Advocates in 2016 and was working at the County Assembly as legal counsel until April 2020 when he was appointed the Principal Legal Counsel of the County Government.
He said he is more experienced and more senior in the order of seniority than the three shortlisted candidates and that the Board's failure to enlist him was against his legitimate expectation having held the position in an acting capacity.
Mr Esuron said the Board failed to afford him opportunity to compete fairly with the other candidates.
"I had legitimate expectation that having served as County Solicitor in an acting capacity since September 2024 I would be shortlisted in the interviews. Section 64(1) of the County Governments Act, 2012 provides that a person shall not be appointed to hold a public office in an acting capacity unless the person satisfies all the prescribed qualifications for holding that office," said the official.
He added that the criteria used by the Board to select the candidates was prejudicial on him and contravened the principles of good governance and national values. The case is pending hearing.