Governor Barchok jailed for disobeying court order to reinstate staff

Bomet Governor Hillary Barchok will serve the sentence at Nakuru GK Prison. [File, Standard]

The Employment and Labour Relations Court has jailed Bomet Governor Hillary Barchok for 30 days, for disobeying court orders that directed the reinstatement of 595 employees.

Justice Anne Mwaure found Governor Barchok, County Secretary Simon Langat, head of the County Public Service Board and eight other senior county officials guilty of contempt of court.

Others are County Secretary Mutai Chief, Finance officer Milka Rono, County Public Service Board chair Alexander Rono, CEC board Emily Chesang, retired human Resource manager Eric Rono and five others.

The 11 will serve the jail term at Nakuru GK Prisons, until they purge the contempt and reinstate the 595 employees whose contracts were illegally terminated by the county government.

The judge directed that the 11 be committed to Nakuru GK Prison until they prove compliance with the orders.

“All contemnors (the 11) will be put in prison for one month, unless they settle all pending matters from 2024 before the case can be mentioned before court for directions,” ruled the judge.

The ruling followed a 2024 petition, filed by Kenya County Workers Union on behalf of the sacked employees.

The union accused the county government of defying court orders, despite several attempts to follow up on the same.

The union further claimed that the county had proceeded to advertise for vacancies the positions being held by the workers, in total disregard of the court orders.

The saga started in 2022, when the employees moved to Kericho Law Courts to challenge termination of their employment.

On February 29, 2024, the court ruled that the county violated the workers’ rights, when it issued them with the termination letters.

The trial judge ordered the county to reinstate the affected workers.

“The county should also transition the terms of service from contractual to permanent and pensionable and pay them accumulated salaries and allowances,” the judge ruled.

Furthermore, the county was restrained from advertising, interviewing or recruiting other candidates for the same positions.

“County governments and public institutions ought to disabuse themselves of the notion that each administration that takes the reins of power has to come with its own workforce and in the process terminate by all means, the subsisting workforce,” Justice David Nderitu ruled then.

Aggrieved, the county government appealed, but the appellate court sustained the verdict, ruling that the county had violated the law and rights of the workers.

The court went further and barred the county from varying or interfering with the terms and conditions of employment for the aggrieved employees.

Court papers revealed that the 595 had first been engaged for a contract of two years commencing October 1, 2015.

However, they continued serving for five years with the knowledge, consent and approval of the employer and started earning full salary and allowances from the county government.

The 11 were found guilty of contempt in August 2025 and the ruling was to be delivered in March.

Judge Mwaure regretted that the delay in complying with court orders had subjected the workers to huge financial distress.