Siaya County wins case on hiring new employees
Siaya Governor James Orengo at a past event.
The County Government of Siaya got a major reprieve after the court dismissed a case challenging recruitment and deployment of staff.
The High Court found that the petitioner in the case filed the application prematurely since he had not exhausted the procedure of resolution of disputes as per section 77 of the County Government Act and section 85 of the Public Service Commission Act.
An activist, Chrisphine Omollo Owala, was challenging a decision by the Siaya County Public Service Board to recruit staff as per job vacancies that were advertised on December 13, 2022 and July 25, 2023.
Mr Owala had listed Siaya County Attorney, the County Public Service Board and the Count Secretary-cum-chief executive officer of the County Government of Siaya as first, second and third respondents, respectively.
In his application, Mr Owala wanted the courts to quash the decision of the county government to appoint and deploy staff.
In his second prayer, the activist sought an order restraining the county government from proceeding with the recruitment.
He wanted the entire process stopped pending hearing and determination of the case.
But the respondents also filed a notice of preliminary objection questioning the jurisdiction of the High Court to entertain the case filed by Mr Owala.
According to the respondents: “The Public Service Commission is bestowed with the original jurisdiction on matters relating to a dispute arising out of decisions of the Public Service Commission Act.”
They further maintained that any person who is dissatisfied or affected by a decision made by the County Public Service Board may appeal to the commission.
The PSC is also mandated to handle appeals on any decision relating to certifying qualifications, employment and appointments to a given position.
But the petitioner said that the matter is an illegality, and was not subject to an alternative Dispute Resolution mechanism.
However, Presiding Judge Daniel Ogembo of the High Court in Siaya said it was upon Mr Owala to convince the court the exceptional circumstances of his case.
The court upheld the objection and struck out the petition on the basis that Mr Owala did not exhaust the options available.
“The petitioner has failed to show any such exceptional circumstances in his case.
"This court is convinced that he has not exhausted the available statutory resolution mechanisms. This case has been filed prematurely,” said Justice Ogembo.
The judge awarded costs of the objection to the respondents.
