City water and sewerage company wants suit by supply chain manager dismissed

The Nairobi City Water and Sewerage Company wants the Labour court to dismiss an application by a former supply chain manager challenging his transfer to another department.

Nahashon Muguna, the city water company's managing director, says Benedict Kiema Kavua obtained the order blocking his transfer last month by concealing material facts from the court.

Mr Muguna said due to the nature of the company's mandate and as a matter of policy, it is expected that employees may be transferred or reassigned roles in order to achieve efficiency and optimum performance.

"It is therefore clear that he (Mr Kavua) did not come to court with clean hands and in a bid to obtain the orders he sought, deliberately failed to disclose this aspect which is material to the matters in question," Mr Muguna said in a statement filed in court.

Mr Kavua challenged his transfer to his position as head of supply chain pending the determination of the case.

"A stay of execution of the internal memo dated 12 February 2024 as drafted by the respondent herein transferring and changing the applicant's designation is hereby granted pending the hearing and determination of this application," Justice James Rika said on 14 February.

The orders were extended on February 27.

Mr Muguna, however, said the company has the power to reorganise the company to improve productivity.

He said Mr Kavua had been in the said management position since 2012 and therefore had 12 years of management experience.

"It is therefore appropriate that his experience in the company should indeed be utilised in other departments and this is in line with best practices where movement of people has yielded better results and eradicated complacency," he said.

The Managing Director said that there was no arbitrariness or malice in the changes made. Furthermore, there is no major change of location that would cause prejudice if Mr Kavua reported to his new position immediately. 

Mr Muguna said in the contract signed in September 2010, it was clear to Mr Kavua that he would be required to serve the company in any part of the county.

The managing director said Mr Kavua did not protest two years ago when he was transferred from his previous post and place of work to the head office to serve as supply chain manager. 

He said Mr Kavua did not protest but reported to the new post and reported on the same day he signed the letter.

"So I am very surprised to see in his application before this court that he is complaining that he was not given adequate notice when in this case he is not even moving from the head office yet when he moved from the Western Region to the head office he did not protest and in fact reported on the same day the letter was given to him," he said.

Mr Muguna revealed that the company currently has 33 management positions, of which 28 are substantively filled and another five are in acting capacity. "This shows that it is important to make transfers when deemed necessary," he said.

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