Court grants public servants reprieve against forced leave

Head of Public Service Joseph Kinyua. PHOTO | FILE | NATION MEDIA GROUP

Government procurement and accounting officers on Wednesday got some reprieve after  the The Employment and Labour Relations Court suspended a circular ordering  them to go on compulsory leave. 

The order, contained in a circular dated June 4, also directed that they be vetted afresh for their jobs.

Justice Onesmus Makau suspended the order in a case in which activist Okiya Omtatah had sued the head of  the public service, Mr Joseph Kinyua, the Public Service Commission, and the Attorney-General.

WAR ON GRAFT

“Pending the inter-parties hearing and determination of this matter, the Court is pleased to issue an interim order suspending the Circular Ref. No. OP/CAB.39/1A issued by Mr Kinyua until June 13, when the case will come up for interparty hearing,” the judge said.

The circular was addressed to the attorney-general, all principal secretaries, accounting officers, the comptroller of State House, the clerks of the National Assembly and Senate, the chief registrar of the Judiciary, the director-general of the National Intelligence Service, the controller of budget, the auditor-general as well as the independent offices and commissions.

Even though the court has suspended the directive that was seen as one of government’s latest efforts in fighting corruption, President Uhuru Kenyatta, in his Madaraka Day speech, ordered  that all government procurement officers be vetted afresh by the end of the month.

Interior Ministry Spokesperson Mwenda Njoka on Monday said the affected officers had been asked to hand over to their immediate deputies since the process was about to begin.

The officers had been asked to submit information on their assets, liabilities and previous work record, in addition to undergoing polygraph tests.

The directive, which  caused jitters among public officials, has now gone to court.

In his suit, Mr Omtatah argues that the circular was subjectively created through an irregular, hurried, arbitrary and opaque process that did not involve public participation.

He accused Mr Kinyua of being a meddler in issuing the  circular, saying the move was merely aimed at hyping up the on-going staged war on corruption.

Mr Omtatah also accused him of making them look like scapegoats in the war on corruption since no public officer has been accused of wrongdoing so far.

He noted that the circular has created anxiety in the public service because the officers believe that they are about to lose their jobs, making the move unconstitutional.

“Vetting does not require dismissal from office, unless it is a witch-hunt. In fact, dismissal from office is pre-emptive of any vetting,” said Mr Omtatah.

He added: “dismissal from office can only come after vetting and the establishment that an officer is not suitable to hold a specific office. Kenyans have elected due process over dictatorship.”