Court bars Homa Bay civil servants from taking census jobs

What you need to know:

  • The ruling followed an application contesting the list of those shortlisted to conduct the exercise, which had threatened a disruption.
  • They argued that public officers failed to adhere to principles of recruitment and to provide information as requested, and that the exercise was not subjected to public participation, contrary to the Constitution and Fair Administrative Action Act.
  • The petitioners also said that people who did not qualify were listed as successful candidates.

A court on Friday barred civils servants in Homa Bay County from taking up census jobs.

The order followed an application contesting the list of those shortlisted to conduct the exercise, which had threatened a disruption.

Employment and Labour Relations Court judge Maureen Onyango directed the Homa Bay County Commission, Homa Bay County Statistics Officer, Kenya National Bureau of Statistics and Attorney-General to make public the names of supervisors and enumerators for Rachuonyo North Sub-county.

The court also directed removal of the names of any public servants appointed to participate as supervisors and enumerators.

ALLEGATIONS

The petition was by five county residents - Michael Kojo Otieno, Evince Oloo Otieno Gor, John Okambo Kisiara, Antonye Gaya Tindi, and Daniel Otieno Onyango.

They argued that the public officers failed to adhere to principles of recruitment and to provide information as requested, and that the exercise was not subjected to public participation, contrary to the Constitution and Fair Administrative Action Act.

“The administrative action taken by [the commission, the statistics officer and the KNBS] has resulted in hiring of persons who did not apply for various positions,” court papers state.

QUALIFICATIONS

The petitioners also said that people who did not qualify were listed as successful candidates.

Some of those shortlisted are related to local officials and lacked the minimum academic qualifications. Others are not residents of Homa Bay County.

The commission, statistics officer, the bureau and the Attorney-General have 21 days to respond to the matter.

The case will be heard on September 17.