The Lower Eastern Times Opening The Third Eye
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In a significant legal move, city lawyer Lempaa Suiyanka has filed a lawsuit against the government following its decision to place 108 employees from the office of impeached Deputy President Rigathi Gachagua on compulsory leave.
Suiyanka, alongside the African Centre for Peace and Human Rights, argues that the action lacks legal justification and constitutes an act of victimization. He contends that the forced leave is an inappropriate politicization of the civil service, which is meant to remain neutral and independent.
In court documents, Suiyanka stated, “It would be prejudicial to allow the Principal Administrative Secretary, Patrick Mwangi, to send 108 public officers on compulsory leave in a manner contrary to basic constitutional provisions.”
Judge Hellen Wasilwa of the Employment and Labour Relations Court instructed Suiyanka to serve the relevant documents to Attorney-General Dorcas Oduor, the Public Service Commission, and other officials involved. The case is set to be heard on October 28.
Representing Suiyanka, lawyer Kubo Mwakichako revealed that the employees were placed on leave on October 18, the same day Gachagua was impeached. The executive order affected all employees in job groups T and U, including department heads and those on supernumerary contracts.
Mwakichako emphasized that the employees’ tenures are independent of political leadership, asserting that public officers should serve in the best interest of the public. He warned that the unlawful removal of the workers could disrupt essential services and negatively impact the public.
The lawyer expressed concern that the directive, issued without consulting the Public Service Commission, risks leaving the employees jobless. He pointed out that the October 19 directive has no specified duration, potentially allowing for constructive dismissal in violation of Article 236 of the constitution.
Mwakichako criticized the lack of a clear timeline for the leave, arguing that it highlights the ongoing victimization of the 108 public officers for their roles in the Deputy President’s office.
