Court temporarily blocks suspension of county officer

Laikipia County Governor Joshua Irungu speaks during the launch of The State of Corporate Governance in Africa report at the Intercontinental Hotel in Nairobi on June 30, 2016. Mr Irungu has been accused by the county's secretary of which-hunt. PHOTO | SALATON NJAU | NATION MEDIA GROUP

What you need to know:

  • He says the action was illegal and in contravention of the Constitution, the Employment and Labour Relations Act, the County Governments Act and the Public Service Code of Regulations.

Troubled Laikipia County Secretary John Mwaniki has won the first round of the legal battle against Governor Joshua Irungu after the court suspended his interdiction.

Employment and Labour relations court in Nakuru suspended the move pending the hearing and determination of the application that Mr Mwaniki filed before Justice Stephen Radido on Wednesday.

Mr Mwaniki has accused Governor Irungu of witch-hunt after he was sent on a two-month compulsory leave.

He says the action was illegal and in contravention of the Constitution, the Employment and Labour Relations Act, the County Governments Act and the Public Service Code of Regulations.

β€œIt is quite clear that the governor is on a witch-hunt with the sole intention of ensuring that I am relieved of my job without due process,” he says in suit papers.

The case, in which Mr Irungu and the County government have been named as respondents, is scheduled for hearing on September 8.

Mr Mwaniki says he was appointed the county secretary and head of public service after undergoing a competitive process in line with the county government Act and the county public service human resource manual.

However, on June 1 this year, he received a letter from the governor sending him on a compulsory leave without any cause, and in a manner he claims contravenes his rights delineated in Articles 47 and 236 of the Constitution - which say that "a public officer shall not be dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law".

Mr Mwaniki argues that the action has vast detrimental effect on his reputation, advancement, job security.

Editing by Philip Momanyi