Labour court demands contracts of Gachagua’s staff sent on compulsory leave
By Lucy Mumbi |
Judge Hellen Wasilwa issued the directive on Monday, noting that it aims to facilitate further proceedings in the legal dispute surrounding their employment status.
All workers employed under impeached Deputy President Rigathi Gachagua who were sent on compulsory leave have been ordered to submit their employment contracts to the court.
Employment and Labour Relations Court Judge Hellen Wasilwa issued the directive on Monday, noting that it aims to facilitate further proceedings in the legal dispute surrounding their employment status.
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This comes after lawyer Lempaa Suiyanka on behalf of the African Centre for Peace and Human Rights, filed a lawsuit against the government, challenging its decision to send the employees on leave following Gachagua's removal as Deputy President.
Suiyanka argued that the compulsory leave was an act of victimisation without legal justification.
In this regard, Judge Wasilwa instructed that the employment contracts of all 108 affected workers should be included as part of the case documents.
Additionally, Attorney-General Dorcas Oduor, the Public Service Commission (PSC), and the Head of Public Service, Felix Koskei, were given a seven-day deadline to submit their responses to the court.
The case is set for a mention on November 13, for further directions.
Principal administrative secretary in the office of the Deputy President, Patrick Mwangi issued the leave directive on October 18, requiring all employees in job groups T and U, department heads, and officers on supernumerary contracts to go on leave.
But Suiyanka noted that the leave directive is indefinite and lacks legal grounding.
"The foregoing is a clear illustration that the 108 public officers are being victimised for working at the Deputy President's office," he said.
The Lawyer further claimed that the decision to remove the employees politicises the civil service, which, he stated, should remain neutral and independent.
He argued that public officers’ tenure should not be influenced by the current regime, emphasising that these employees are tasked with serving the public's best interests.
He added that halting operations in the DP’s office by removing the 108 staff members could adversely affect public access to essential services aligned with the Executive Order.
Additionally, Suiyanka expressed concern that the PSC had not been consulted on the directive, leaving the employees vulnerable to job loss.
"The 108 public officers are apprehensive that since the directive dated October 1, 2024, has no known timelines, the respondents will use that to dismiss them constructively from public service in contravention of Article 236 of the constitution," he said.
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