The Employment and Labour Relations court judge Hellen Wasilwa has made a significant ruling regarding the case of 108 employees who were sent on compulsory leave. Judge Wasilwa has demanded that the contracts of these employees be presented during the proceedings. This decision comes as a response to a lawsuit filed by lawyer Lempaa Suiyanka against the government for what he deems as an illegal action.
In addition to requesting the contracts, Judge Wasilwa has given the respondents, which include Attorney-General Dorcas Oduor, Public Service Commission (PSC), and Head of Public Service Felix Koskei, seven days to file their responses. The case is set to be mentioned on November 13 for further directions.
The lawsuit was initiated after Principal administrative secretary in the office of the Deputy President Patrick Mwangi sent the workers on leave following the removal of Mr Gachagua as the Deputy President. Lawyer Lempaa Suiyanka and the African Centre for Peace and Human Rights argue that this decision lacks legal justification and amounts to victimization of the employees.
Suiyanka further contends that the move to send the employees on compulsory leave is a form of politicization of the civil service, which should ideally remain neutral and independent. He emphasizes that the tenure of these employees should not be dependent on political affiliations or regime changes, as they are meant to serve the public interest impartially.
The lawyer expresses concerns that the indefinite nature of the leave could lead to the employees being unfairly dismissed from their positions. He highlights that the directive issued on October 19, 2024, does not specify any timelines, leaving the employees vulnerable to potential job loss.
In the executive order issued, employees in job groups T and U, heads of departments, and officers in supernumerary contracts were all sent on leave. Suiyanka urges the court to intervene and protect these employees from being unlawfully dismissed from their public service positions.
Overall, the case reflects a critical intersection between political dynamics and the rights of public servants. The court’s decision to scrutinize the contracts and demand responses from the relevant authorities signifies a step towards ensuring justice and fairness for the affected employees.
