A judge ordered all employees of impeached Deputy President Rigathi Gachagua who were placed on compulsory leave to submit their job contracts before she provides further directions on the case.
Employment and Labour Relations Court Judge Hellen Wasilwa directed that the contracts of all 108 employees allegedly sent on leave be included in the proceedings.
On Monday, October 28, the judge also instructed the respondents, including Attorney-General Dorcas Oduor, the Public Service Commission (PSC), and Head of Public Service Felix Koskei, to file their responses within seven days.
Lawyer Lempaa Suiyanka filed a lawsuit against the government, arguing that it was unlawful to send the workers on leave following Gachagua’s removal as Deputy President.
Principal Administrative Secretary Patrick Mwangi from the Deputy President’s office issued the leave orders on October 18. The executive order placed all employees and officers in job groups T and U, as well as department heads and those on supernumerary contracts, on leave.
Mr. Lempaa, along with the African Centre for Peace and Human Rights, contends that the decision lacks legal justification and amounts to victimization.
He stated, “The actions taken clearly illustrate that the 108 public officers are being victimized for their work in the Deputy President’s office.”
The lawyer further argued that the decision reflects the politicization of the civil service, which should remain neutral and independent. He emphasized that the employees’ tenure should not depend on the political climate, as public officers are obligated to serve in the best interest of the public.
Lempaa further asserted that unlawfully sending the 108 employees on compulsory leave disrupts the operations of the Deputy President’s office and will adversely impact the public, denying them essential services as outlined in the executive order. He also expressed concern that the directive was issued without consulting the Public Service Commission (PSC) and urged the court to protect the employees from potential job loss.
“The 108 public officers fear that since the directive dated October 19, 2024, lacks clear timelines, the respondents may use it to constructively dismiss them from public service, violating Article 236 of the Constitution,” he stated.
The case is set for mention on November 13 for further directions.
