Bomet Governor Isaac Ruto who has been sued for requiring 181 public officers to go back to the national government.
BY THOMAS KARIUKI
Bomet Government is in the lime light yet again this time round issuing a circular requiring 181 public officers to go back to the national government.
The county has released back to the national Government 155 employees from the defunct local government and 26 other seconded officers from the national government intimating that with effect from March 9 this month their names will be removed from the payroll.
According to lawyer Emmanuel Wetangula, the process of transfer, deployment and redeployment of staff and other human resource personnel is provided for under the constitution in laws dealing with devolution.
“the petitioner is apprehensive that the action being taken by Bomet county shall render innocent public officers jobless and destitute without any fault on the part of the public officers,” the lawyer says.
He also cautions that innocent public officers and the greater public risks to suffer irreparable loss and harm should the action be allowed to proceed as has been intended.
Parliament was mandated to make provisions that would create phased transfers of such employees over a period of three years from the national government to the county government.
Among others, a rationalization report contemplated by guideline 5 of guidelines for transition of staff to counties has to be issued.
The public officers say that there is no justifiable reason and after applying due process as enshrined in the public service regulations and policies, the county cannot purport to release them to the national government.
“the process of rationalization of staff between the national government and county governments hasn’t been completed and a report as demanded by the law, the release of staff is premature and ill advised,” the counsel says.
Lawyer Wetangula says that the action has the effect of constructively dismissing public officers from employment as they shall not receive their salaries yet the funds have already been budgeted for and released to the county.
“the petitioner is alive to the fact that disputes between the national government and county governments should be resolved amicably and both should take reasonable steps to apply alternative dispute resolution,” the lawyer says.
Mr Wetangula therefore asked the court to issue conservatory orders stopping the enforcement of the directive as communicated by a letter dated January 5 2016.
He also contends that if the directive is enforced, other counties will follow suit and dismiss such officers creating a crisis within the country.
The lawyer also requested the court to direct the county to compute and pay the staff until the case is heard and determined.
