Court stops demotion of Nyamira County employees

The Labour court has blocked the demotion of over 1,000 Nyamira County employees.

The orders were issued by Justice Christine Baari sitting in Kisumu on Wednesday after four employees affected by the demotion moved to court to contest the move by Governor Amos Nyaribo and his administration.

“The matter is certified urgent. The respondents are directed to maintain the terms and conditions of employment of the petitioners and staff of the County Government of Nyamira,” directed judge Baari.

Mr Lamech Machuki Nyariki, Lewis Oburu Nyaribo, Douglas Mecha Osoro and Dan Isaac Onyancha are the petitioners in the case.

The county government, governor Nyaribo and County Public Service Board are the respondents in the case.

The petitioners said the county government through its County Chief Officer, Public Service Management wrote a letter dated August 25, 2021 but served on early September 2021 notifying some of the petitioners and other fellow staff that they have been demoted to lower grades and salaries slashed without an opportunity of being heard.

“The actions of the first and second respondents have violated the petitioners legal and constitutional rights to be heard and to be offered a fair administrative action which require that an employer cannot alter the terms of employment to the detriment of the employee unless due process is adhered to and the law upheld,” said the petitioners.

They noted that the actions of the respondents have violated the law and the petitioners are likely to suffer as the demotions have affected their rights to remunerations which they had signed and agreed to with the employer.

Further, the actions by the respondents contravene Section 4 and 12 of The Fair Administrative Actions Act, The Employment Act and the Constitution.

 “The Actions of the respondent if allowed to proceed would amount to allowing the accused to trample on the rights of the petitioners and other members of staff, which would be contrary to the Rules of Natural Justice,” noted the petitioners.

 Additionally, the actions of the respondents are likely to interfere with the contractual obligations the Petitioners and other fellow staff had with third parties which are financial institutions thereby resulting in extreme hardship and financial embarrassment which may cause them to suffer loss of employment and property. 

 Further, the claimant’s constitutional rights stand grossly violated and contravened.

 “The matter is set for inter parties hearing on October 6, 2021. Applicants to serve the application on the respondents,” directed judge Baari.

 Early September, Mr Nyaribo announced that more than 1,000 Nyamira County employees who were illegally promoted have been demoted.

This is as the Governor moved in to cleanse the payroll.

He said the affected staff across the 10 departments will be surcharged according to the law.

In a move that left the employees shocked, Mr Nyaribo said the staff were irregularly promoted, terming the upgrade unfair and against the Constitution and human resource and labour laws.

The Ethics and Anti-Corruption Commission had pointed fingers at the devolved unit over irregularities in its payroll.

In one of the cases, an officer was promoted every year since 2016. The said officer moved from job group K in March 2016 to job group L in August 2017 to group N in October 2018 and then P in March 2019.

In another case, an officer was employed in job group H in April 2017 and promoted straight to job group M in October 2020 jumping job groups J, K and L. Another was employed in job group J in March 2016 and promoted to job group L in January 2021 and in February 2021 was in job group N.

Other officers were promoted to non-existing positions of directors’ job group R within the line of departmental directorate, while others were also promoted to non-existing positions of directors job group S which is reserved for chief officers.

The county chief said it was unfair for a section of employees who are unqualified to the said job groups, to be enjoying more than others who are willing to work.