Confusion as Industrial Court stops payment of assembly staff

Kisii County Assembly Members on session. The MCAs have threatened to impeach County Ministers over misuse of development funds allocated in the last financial year

Confusion has gripped the county assembly after the Industrial Court issued interim injunctions barring payment of allowances and remunerations to over 300 employees who were employed on September 1.

The orders by Justice Stephen Radido put a number of people, who resigned from their jobs to work at the county government, in a fix.

The matter was filed in a notice of motion under a certificate of urgency dated October 7, leading to the issuing of interim orders on Friday.

Samuel Angasa Onukoh, a member of the county assembly for Boochi Borabu Ward and the petitioner in the case, argued there were indiscretions in the recruitment exercise and sought the court's nullification of the entire process.

He further argued there was a non-existent board meeting of the County Public Service Board on the August 29, 2014, where it was alleged that the extra employees were illegally employed.

"The Kisii County Public Service Board had advertised for 71 job vacancies. We want the court to establish who gave the orders for the employment of the extra staff, which is against the establishment of 120 employees that the assembly should recruit," argued Mr Onukoh.

Further directions

The respondents, the assembly Speaker, the clerk, service board, county government and Daniel Mbaka Omwoyo have now been restrained from employing, recruiting or enlisting without complying with due processes and particular provisions of articles 10(1) of the Constitution.

"Respondents are restrained either by themselves, agents, servants or employees from admitting the various employees who were appointed or issued with letters of appointment on the first day of September 2014," read part of the orders.

The case will be sent back to Kisumu Industrial Court for mention or further directions on October 21, 2014.