Judge declines to reverse orders on ex-Sacco staff

By Maureen Odiwuor

Kisumu, Kenya: Efforts by a teachers’ savings society former employees to have a court order sacking them reversed, have been thwarted.

George Nyatama, Joel Makaburi and Huruni Birundu had returned to the Industrial Court to have Justice Helen Wasilwa’s judgement touching on their term at Gusii Mwalimu Savings and Corporative Society reversed.

Justice Wasilwa had ordered against the Sacco reinstating employment of the claimants after three years of retirement, adding it was imprudent according to section 12(3) part six of the Employment Act 2007.

“An order of reinstatement of any employee after three years of dismissal is considered subject to three years cupping and so it will not be prudent to order reinstatement,” she said.

Tuesday, the judge declined to review her orders on grounds the three had retired and paid all their dues.  

She upheld her decision in which she found the claim that they were retired prematurely, unlawful. The judge maintained that they each be paid a year’s salary as per the last pay compensation for unlawful retirement.

In the review, the three said they wanted to be reinstated because they had not been out of employment for three years, saying they were on leave and were paid salary up to September 2011 hence their year started in October.

The Sacco however opposed the judicial review stating the application does not meet threshold for review.

The three claimed they had been retired prematurely and filed their statement on July 26 2011.

They gave evidence before court claiming that they were retired before reaching 55 years of age which was then mandatory age of Public Service.