A recent court directive has shed light on the issue of compulsory leave for the workers of impeached Deputy President Rigathi Gachagua. Judge Hellen Wasilwa has instructed all 108 employees who were sent on compulsory leave to submit their contracts for further review before she gives any additional directions in the case.
The respondents in the case, including Attorney General Dorcas Oduor, Public Service Commission (PSC), and Head of Public Service Felix Koskei, have been given seven days to file their responses. The case is set to be mentioned on November 13, where further directions will be provided.
The lawsuit against the government was filed by lawyer Lempaa Suiyanka, who argued that the decision to send the workers on leave following the removal of Mr. Gachagua as the Deputy President was illegal. He emphasized that there was no legal justification for the action and that it amounted to victimization.
The Principal Administrative Secretary in the office of the Deputy President, Patrick Mwangi, had sent the workers on leave on October 18. Mr. Lempaa contended that the leave was indefinite and lacked any legal basis. He expressed concerns that the move was a form of victimization against the employees for their association with the Deputy President.
Furthermore, Mr. Lempaa raised issues about the politicization of the civil service, emphasizing that employees’ tenure should not be dependent on the regime in power. He stressed that disrupting the operations of the Deputy President’s office by sending employees on compulsory leave would negatively impact the public by denying them essential services.
The lawyer also highlighted the need for the court’s protection of the employees, as the lack of a specified timeline in the directive could potentially lead to their dismissal from public service. He expressed concerns that the respondents might exploit the ambiguity of the directive to dismiss the employees in violation of the constitution.
The executive order in question sent all employees in job groups T and U, heads of departments, and serving officers in supernumerary contracts on leave. The legal battle surrounding the compulsory leave directive continues to unfold, with the court expected to provide further guidance on the matter in the coming days.
