Civil servants who lost nominations return to work

Civil servants who lost this year's political party nominations have quietly returned to work.

A source at the Public Service Commission’s human resource department told the Nation on Friday that many of those who took leave to venture into politics have resumed duty.

“They are from all ministries including the Presidency. Majority reported back to work last week,” the official said.

Unlike in the past when they were required to resign to venture into elective politics, the public servants exploited a court order which set aside the requirement terming it unconstitutional.

The commission's chairperson Margaret Kobia said they did not fill the slots even though those affected were out campaigning since the matter was pending in court.

“Those who went through the nominations have now resigned, they are however few compared to those who lost out,” she said.

While some disclosed to colleagues that they were trying their luck in politics, the rest indicated in their leave application that they were either taking their annual leave or travelling. The rest took unpaid leave, usually long enough to enable one undertake studies or try a hand in business.

Prof Kobia regretted that as it is, the order had eroded public confidence in the service since the individuals coming back may not be impartial in their duties. “It’s not the best thing for the public service. These are fellows who have openly identified with one side of the political divide or the other, and do you think they will resist the temptation to identify with their political leaders?” she said.

DIFFERENT CAPACITY

Asked about their move to go into politics, the chairperson said most of the employees said they would still be going to serve the public albeit in a different capacity. “We will be appealing the case, involve all relevant bodies like the State Law Office to get better direction in future. The trend does not advance the public good and should not recur in the subsequent elections,” she said.

PSC could not provide us with a list of those who had returned to work but one of those who, because of his conspicuous role, is back to work is Deputy President William Ruto’s press secretary Emmanuel Talam. He unsuccessfully sought the Jubilee Party ticket for Nandi Hills parliamentary seat but lost to the incumbent Alfred Keter.

Chief executive officer at Esquire Consultants, a human resource company, Alex Musau warns that with the court decision, the public is the poorer.

“With the perception of bias, they will now be seen as supporters of Jubilee, Nasa or any other political inclination. Such can breed negative energy which is not fruitful at work places,” he said.

Rooting for resignation for those aspiring to be politicians, Mr Musau said impartiality was the basic principle in public service and any slightest indication of its absence would erode an employee’s credibility.

In March, Labour Court Judge Njagi Marete ruled that the requirement to resign was not only “unjustifiable, most unreasonable, unfair and unacceptable” but also unconstitutional. This handed victory to the civil servants who had filed a suit challenging the legality of the law, which required public servants to resign six months before the election.

TO RESIGN

Head of Public Service Joseph Kinyua had last December issued a circular instructing civil servants to resign in February as required by law but the judged decreed that they could only leave office to participate in an electoral process upon the conclusion of the nomination process.

Incumbent politicians have in the past used this law to ward off competition from civil servants who would otherwise beat them. Some MPs even contemplated amending the law to force them resign one year to elections.

Just like the National government, counties were not spared either. Vice chairman of the Council of Governors John Mruttu (Taita Taveta governor) was among the county chiefs who wrote a letter asking county employees with political ambition to notify his office and then resign.