Murang’a cannot absorb ESP health workers: lawyer

The Murang’a county government on Tuesday maintained that the 177 health workers who were employed under the Economic Stimulus Programme (ESP) will be taken on permanently only when the national government provides additional resources.

Through lawyer George Ng’ang’a, the county administration said it can only offer contract extensions.

“Their request to be employed on a permanent basis will be unjust to the county Public Service Board; at the moment the best the county government can offer is to extend their contracts,” Mr Ng’ang’a told the Employment and Relations Court in Nyeri.

He argued that when the health workers were employed under ESP by the national Public Service Board, there was no suggestion in their letters of appointment that after the expiry of their contracts they would be employed on different terms.

“We need the health workers and we are not ignorant of their plight but if we have to absorb them on permanent jobs then the resources ought to be availed by the National treasury” he said.

The county government said it was financially constrained and therefore enough time should be given for modalities to be worked out by the county Public Service Board.

HAD AN OBLIGATION

However the national Public Service Board and the Ministry of Health through the Antony-General’s lawyer Francis Makori said at the time of devolution the Transition Authority had complied with all term and requirements and county governments were obligated to absorb the ESP workers on a permanent basis after their contracts expired.

“The Murang’a county government had an obligation to consult with the PSB and the national health department on the ESP program,” he said.

According to Mr Makori, the stimulus program was a policy by the national government introduced to provide accessible services to all Kenyans and it was intended that after three years the health workers be absorbed permanently.

“The terms were very clear and parties had no option but to abide with the terns and obligations; the agreement was after three years they automatically be absorbed on permanent basis,” he said.

The health workers, through their lawyers Julius Juma and Emmanuel Awiti, maintained that the county government should absorb them and should not purport to extent their contracts.

Mr Juma said the county government was trying to give excuses and it, through the Council of Governors, had promised that it had enough resources to manage the health sector.

Both Mr Makori and Mr Juma maintained that the court should order the workers be deemed to have been automatically absorbed by the county government on a permanent basis from June 2014 when their contracts expired.

Mr Juma said the Murang’a county government has adequate from allocations from the national government and, further, that 31 counties have already complied and absorbed the ESP workers.

Justice Byrum Ongaya ordered that interim orders remain in place pending further directions by the court. A judgment will be delivered on May 8.