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Education PS sued over termination of appointments

BUSINESS
By | March 17th 2012

Evelyn Kwamboka

Education Permanent Secretary James Ole Kiyapi has been sued over his decision to terminate hundreds of appointments made at the ministry in 2010.

The PS, who signed posting letters for the workers after going through an interview that was conducted by the Public Service Commission, terminated their services after working for more than 10 months, without any explanation.

High Court judge Isaac Lenaola certified the case as urgent and ordered the 110 workers’ lawyer, Mr Peter Kaluma to serve the PS, PSC and Education Minister Sam Ongeri, with the suit papers. He said the case will be heard on Monday inter-partes.

Education Permanent Secretary James Ole Kiyapi. Photo:File/Standard

In the case, the petitioners want the court to suspend implementation of the sacking letters, pending hearing and determination of the case.

Kaluma said the petitioners applied following an advertisement in the local daily newspapers and were appointed into various positions in the public service under the Ministry of Education.

"By letters dated September 27, 2011, delivered to the petitioners herein between November 2011 and March 2012, the PS wrote to each of the petitioners signifying a decision stated to be that of PSC purporting to terminate the petitioners’ appointment to public service with effect from April 30, 2010.

Kaluma said the said letters were in violation of the petitioners’ right to fair and lawful administrative action enshrined in the constitution.

He said, according to his clients, the unconstitutional decision to terminate their appointment is purported to create opportunity to the PS, JSC and Ongeri to replace them with their cronies and relatives who did not succeed in the recruitment exercise.

"The violations are going on and have put to grave jeopardy the career, status and livelihood of the petitioners and their families," he said.

In an affidavit filed by Mr Dancun Ojode, he did the interview and the PS confirmed his posting as a clerical officer II to Migori District Education office, where he reported on duty on July 19, 2010. Ojode received a letter on September 14, 2011 indicating that his services were terminated on April 30.

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