122 workers challenge text message sacking

More than 100 employees of defunct local authorities in Siaya and Kisumu counties have gone to court to contest their sacking “by text message”.

The 122 workers — 90 from Siaya and 32 from Kisumu — say they were illegally sacked after county governments took over from local authorities.

In two separate cases filed at the Industrial Court in Kisumu, the former casual workers said they were summarily dismissed in spite of their long service.

In the Siaya case, the workers’ lawyer, Mr Michael Omondi, says in court documents: “On August 7, 2014, the employees who were absorbed into the Siaya County Government from the defunct county council were sacked via SMS.

“The county government has removed their names from the payroll purporting to stop any payments of salaries to the claimants without regard to their rights and their employment contracts,” he says.

UNDER ORDERS

Justice Hellen Wasilwa Tuesday ordered the Siaya County Government not to replace the 90 workers until the case is heard and determined.

The Kisumu County Government has also been under orders not to replace the workers since April.

“The applicants state that on or about January 6, 2014, they were served with termination letters and text messages without a fair hearing,” said Justice Wasilwa.

“Given the mischief that has already been done, I am restraining the county government from replacing the applicants until the case is heard and determined,” she said.

Before the order, the head of human resources, Mr Daniel Otuoma, had told the court the employees were not among the assets inherited from the councils.

He said in spite of some of them serving for up to nine years, none was permanent and pensionable.

The Kisumu case was also listed for hearing yesterday, but Justice Wasilwa said a new date should be set as she could not take fresh matters due to her transfer to Nairobi in January.