Lawyer sues State after108 workers at Gachagua’s office were sent on compulsory leave

A city lawyer has filed a lawsuit against the government over its decision to send 108 workers from the office of impeached Deputy President Rigathi Gachagua on compulsory leave.

In a letter dated October 19, Principal Administrative Secretary Patrick Mwangi directed all 108 officers in the office of the ousted Deputy President to begin compulsory leave effective Saturday, October 18.

The order affected employees in job groups T and U, heads of departments, and officers on supernumerary contracts.

Mwangi also instructed department heads to designate responsible officers to take over operations immediately.

Lawyer Lempaa Suiyanka, alongside the African Centre for Peace and Human Rights, challenged the directive, arguing that it lacks legal justification and amounts to victimisation.

Suiyanka further claimed that the decision politicises the civil service, which is constitutionally required to remain neutral and independent.

"It would be prejudicial to the petitioners to allow the 5th respondent, Principal Administrative Secretary in the Deputy President's office, Patrick Mwangi, to send 108 public officers on compulsory leave in a manner that contradicts basic constitutional provisions," he said.

Representing Suiyanka, lawyer Kubo Mwakichako told the court that the employees’ positions are not tied to any particular regime and that public officers are bound to serve in the best interest of the public.

Mwakichako argued that halting the operations of the Deputy President's office by unlawfully placing the staff on compulsory leave would negatively affect the public, depriving them of essential services.

He further expressed concerns that the directive, issued without consultation with the PSC, may lead to the constructive dismissal of the workers.

"The 108 public officers are apprehensive that since the directive dated October 19, 2024, lacks a specified timeline, it may be used to terminate their employment unlawfully, in violation of Article 236 of the Constitution," Mwakichako said.

The lawyer emphasised that compulsory leave must have a clear legal framework, but the one issued by Mwangi is indefinite and legally baseless.

"This is a clear case of victimisation of the 108 public officers for working in the Deputy President's office," he said.

Employment and Labour Relations Court judge Hellen Wasilwa directed the lawyer to serve the necessary documents to Attorney General Dorcas Oduor, the Public Service Commission (PSC), the Ministry of Public Service Cabinet Secretary, and Chief of Staff Felix Koskei.

The matter is set for a hearing on October 28.

Among notable names who were sent on leave included Communication Strategist at the Deputy Presidential Communication Service (DPCS) Njeri Rugene, as well as Secretary at State Functions Rose Wangari Gakuo.