Ny­eri or­dered to re­lease salaries for 9 ad­min­is­tra­tors

Business Daily (Kenya) - - COUNTY BUSINESS - Joseph Wan­gui jwan­gui@ke.na­tion­media.com

NY­ERI I The county gov­ern­ment has been di­rected by the Em­ploy­ment and Labour Re­la­tions Court to re­lease two-month salary ar­rears for sub-county and ward ad­min­is­tra­tors.

Jus­tice Byram On­gaya also stopped the gov­ern­ment from sack­ing six sub­county and three ward ad­min­is­tra­tors af­ter it emerged that they were not among 31 oth­ers, who were re­cently re­in­stated by the court.

Through lawyer David­son Warutere, the nine of­fi­cials told the court that they had not re­ceived their Septem­ber and Oc­to­ber salaries and that they had been un­law­fully dis­missed from ser­vice.

The claimants named the de­volved gov­ern­ment and the county pub­lic ser­vice board as re­spon­dents, in the case.

Jus­tice On­gaya or­dered the county gov­ern­ment to ab­sorb all the ad­min­is­tra­tors into per­ma­nent and pen­sion­able em­ploy­ment scheme, stat­ing that the dis­missal amounted to un­law­ful pun­ish­ment.

The court found that the ter­mi­na­tion let­ters is­sued to the of­fi­cials, ti­tled ex­piry of con­tract, were am­bigu­ous.

“The am­bigu­ous terms of the ter­mi­na­tion let­ter did not state the rea­son for the ter­mi­na­tion and the ter­mi­na­tion was clearly un­fair for want of valid rea­son as en­vis­aged in Sec­tion 43 of the Em­ploy­ment Act, 2007 or Sec­tion 76 (1) and (2) of the County Gov­ern­ments Act, 2012 as read with Ar­ti­cle 236 of the Con­sti­tu­tion,” said the judge.

The court found that the ter­mi­na­tion let­ters is­sued to the o icials were am­bigu­ous

--JOSEPH KANYI

JUS­TICE Byram On­gaya of Labour Court

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