JUDGMENT OF THE COURT
The appeal before us arises from the decision of the High Court, (J.M. Mativo, J.) dated 4th October, 2017 in which the 1st respondent’s petition was allowed with no order as to costs.
A brief background of facts leading to this appeal are that the 1st respondent petitioned the High Court of Kenya at Nairobi challenging two advertisements dated 15th May, 2015 by the 2nd respondent for the positions of chief and assistant chief, alleging that the said advertisements contravened court orders and erroneously indicated that Abdisamit location was in Central division of Garissa sub-county yet it was in Dertu division, of Daadab constituency. Further, that the advertisement for assistant chief position incorrectly indicated that Auliya sub-location was in Abdisamit location of Sankuri division yet it was in Laago sub-location in Modika location and finally that the advertisements restricted those interested in the positions to residents of the above location and sub-loca…