High Court orders Kagumo TTC not to retire employees

The High Court in Nyeri has ordered Kagumo Teachers College not to retire 21 workers until a suit they filed at the Industrial Court is concluded.

Justice Anthony Ombwayo directed the institution to withdraw notices and letters of retirement given to the employees until their case is heard and determined.

The workers had gone to court after the college failed to honour a court order aligning the employees' salary structure with that of their counterparts in the civil service.

Through their lawyer, Paul Ngarua, the workers claimed they were being specially targeted for taking their employer to court.

"So far, 11 workers have received a generalised notice of dismissal while 10 others have compulsory letters of retirement from the principal, Mr Ronald Githua," said Mr Ng'arua.

The institution is accusing the workers of gross misconduct and neglecting their duties, which it says, led to rise in insecurity.

Mr Samuel Gatene, the secretary of Nyeri's Kenya Union of Domestic, Hotels, Educational Institutions and Hospital workers (Kudheiha), says in his affidavit that the letters were written out of malice, collusion and mischief.

"The Board of Management has violated the rights and expectations of the workers for no good reason save for for the fact that they pressed for their rights through the court order issued by the Industrial Court in Nyeri," reads Gatene's affidavit in part.

On March 25, 2014, Justice Joram Abuodha of the Industrial Court said the Board of Management employees were entitled to the same terms and conditions of service as those applicable to their counterparts in the Public Service."

Late last year, Kudheiha had issued a strike notice to the management of Kagumo Teachers College for failing to implement the salary increment as per the Director of Personnel Management's circular.

The case continues on September 23.