Over 500 employees of the defunct Electoral Commission of Kenya (ECK) have moved to court seeking to be paid their salaries and allowances dating back to 2009.
In a case filed at the Industrial court, the employees submitted that they were not sacked but issued with letters by the then head of Public Service asking them to proceed on leave.
Eight years later, the employees are yet to receive any form of communication from the Government.
Through lawyer Kibe Mungai, the employees submitted that some of them have been absorbed into the Public Service with lower perks as compared to what they were earning at ECK, while others have been rendered jobless.
Mr Mungai told the court that the laying off of the former ECK employees was unconstitutional, as it breached the Constitution and failed to adhere to the stipulated labour laws.
He said the Bill that disbanded the commission was unconstitutional as the ECK commissioners and staff had not been tried and found guilty of any offence whose remedy was to lay them off.
Mungai said the employees want the court to issue a declaration that the Government did not have powers to disband ECK and remove its members.
He submitted that after the disputed 2007 presidential election and the subsequent post-election violence, an Independent Review Commission was formed to recommend electoral reforms as well as the accountability mechanism for ECK commissioners and staff to improve future electoral process.
Election reforms
“The thrust of the mandate of the review commission was to recommend electoral reform in Kenya with a view to improving future electoral process. There was no recommendation to dissolve the ECK,” he submitted.
The employees noted that following the presentation and publication of the review commission’s report, politicians and activists started making demands for the disbandment of ECK and resignation of its commissioners and not the other employees.
“The calls for the resignation of ECK commissioners and demand for the disbandment of ECK were based on deliberate distortion of the contents and spirit of the panel’s report, which recommended that Kenyans agree to an electoral system, which puts to rest the continuous discussion about a new electoral system for the country,” he submitted.
The case will be heard on November 12.
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