Court stops county from sacking staff

Monday September 11 2017

Nyamira Governor John Nyagarama

Nyamira Governor John Nyagarama being sworn into office at Nyamira Primary School grounds on August 18, 2017. The county has been stopped from replacing workers. PHOTO | BENSON MOMANYI | NATION MEDIA GROUP 

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A court has stopped the county government of Nyamira from replacing workers.

The Employment and Labour Relations Court further stopped the devolved unit from recruiting any person to fill the positions of 10 chief county officers and one county secretary, as was intended in an advertisement by the county.

The petitioner, Mr Vincent Mariita Omao, in court papers claimed that the county’s action of advertising for positions yet there are workers occupying the offices and discharging their duties amounts to illegal and unfair administrative action.

“The affected officers’ employment contracts have not expired and the county government has breached their contractual terms,” Mr Omao said in court papers.

Among those sued include: The County of Nyamira, the governor, county secretary, chairperson and secretary of Nyamira County Public Service Board.

The court decision comes after Public Service Cabinet Secretary Sicily Kariuki, in a letter to the Council of Governors dated August 31, observed that the various categories of county staff include civil servants who are permanent and pensionable, hence cannot be arbitrarily dismissed or suspended unless the laid-out procedures are followed.

Ms Kariuki advised that in case the terms of termination are not included in the letter, then the law must be strictly followed while sending the workers home.

Some of the new governors have sacked several county staff, with critics terming the move as an attempt to reward their loyalists with the posts.

The case will be heard on September 21.