Blow to 238 former Bomet employees as appellate court upholds sackings

Court Gavel. (Courtesy)

The Court of Appeal has dealt a significant blow to the efforts of 238 former enforcement officers at the County Government of Bomet by dismissing their appeal for reinstatement.

Justices John Mativo, Weldon Korir, and Mwaniki Gachoka, sitting in Nakuru, ruled that the appeal lacked merit and ordered the respondents to bear the costs of the suit.

The former employees had been seeking compensation and reinstatement following their dismissal. In a ruling delivered on May 9, the appellate judges stated that the appeal lacked merit and deserved to be dismissed.

The enforcement officers ceased to be employees of Bomet County in 2017. They initially filed their case in the Employment and Labour Relations Court in Kericho but appealed after Justice David Marete ruled in favor of Bomet County and the County Public Service Board on December 15, 2017.

The three judges noted that Peter Wanyama, representing the appellants, failed to adequately consider the evidence presented and did not properly adjudicate the principles of litigation, which prevented the suit from proceeding to a full hearing.

The former employees contended that they had received letters of appointment as enforcement officers on March 17, 2017.

They argued that the county government unjustly terminated their services while they were awaiting absorption into permanent and pensionable positions.

They further claimed that the county government and the County Public Service Board violated rules 9, 2, and 3 of the Employment and Labour Relations Act.

Kosgei Toppias, Jacob Rono, Summary Chepngetich, and Ngeno Weldon were named as the first, second, third, and fourth appellants, respectively, while the County Public Service Board and Bomet County were listed as the first and second respondents.