Lawyer sues government for sending Gachagua's staff on leave
Impeached Deputy President Rigathi Gachagua’s (inset) staff remove furniture from the Senate on October 17, 2024.
What you need to know:
- Mr Lempaa said the tenure of the employees’ is not dependent on who or which regime is in power.
- The lawyer said he is apprehensive that the directive was issued without consulting the PSC.
City lawyer Lempaa Suiyanka has sued the government over the decision to send 108 workers in the office of impeached Deputy President Rigathi Gachagua on compulsory leave.
Mr Lempaa and African Centre for Peace and Human Rights said the decision has no legal justification and amounts to victimisation.
The lawyer said the sending the workers in Mr Gachagua’s office on compulsory leave amounts to politicisation of the civil service, which is supposed to be neutral and independent.
“That it would be prejudicial to the petitioners to allow the 5th respondent (Principal administrative secretary in the office of the Deputy President Patrick Mwangi), to send 108 public officers on compulsory leave in a manner that stands contrary to basic constitutional provisions,” he said.
Employment and Labour Relations court judge Hellen Wasilwa directed the lawyer to serve the court documents on the Attorney-General Dorcas Oduor, Public Service Commission (PSC), CS Ministry of Public Service and chief of staff and head of public service Felix Koskei.
The court directed the matter to be heard on October 28.
Through lawyer Kubo Mwakichako, Mr Lempaa informed the court Mr Mwangi sent the 108 employees on compulsory leave on October 18, soon after Mr Gachagua was impeached.
In the executive order, all the employees and officers in job groups T and U, all heads of departments and all serving officers in supernumerary contracts, were sent on leave.
He said the tenure of the employees’ is not dependent on who or which regime is in power, since public officers are required to undertake their responsibilities in the best interest of the public.
Mr Mwakichako said stifling the operations of the office of the DP by unlawfully and illegally sending the 108 employees on compulsory will have adverse effect on the public as they will be denied essential services pursuant to the Executive Order.
The lawyer said he is apprehensive that the directive was issued without consulting the PSC and they should be protected by the court before they are rendered jobless.
“The 108 public officers are apprehensive that since the directive dated October 19, 2024 has no known timelines, the respondents will use that to dismiss them constructively from public service in contravention of the Article 236 of the constitution,” he said.
Mr Mwakichako said a compulsory leave is time-bound but the one issued by Mr Mwangi is not time-bound and has no legal or lawful basis.
“The foregoing is a clear illustration that the 108 public officers are being victimised for working at the Deputy President’s office,” he submitted.
