AfriPulse
The Employment and Labour Relations Court has issued interim orders reinstating senior officials of Bungoma County following their abrupt dismissal by Governor Kenneth Lusaka.
The ruling comes after a group of 11 petitioners, comprising County Executive Committee (CEC) members and the County Secretary, filed an urgent petition challenging their removal from office.
The petition was lodged a day after the governor announced that he had dismissed the entire county cabinet to enhance efficiency and improve service delivery.
Represented by advocate Peter Wanyama, the petitioners argued that the decision violated multiple provisions of the Constitution, including the right to fair administrative action and fair labour practices.
Bungoma Governor Kenneth Lusaka addressing mourners on June 14, 2024.
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Kenneth Lusaka
They contended that the dismissals were carried out without prior notice , due process, or written reasons, key requirements under the Kenyan Constitution.
“The petitioners are aggrieved with the decision of the Governor of Bungoma to abruptly and without any reasons at all dismiss them from office,” the petition read in part.
“The dismissal was done in the form of a press statement and was not preceded by any semblance of procedural fairness at all. None of the petitioners has received a letter communicating the decision to terminate their employment,” it added.
In their petition, the officials maintained that while a governor has the authority to dismiss CEC members under the County Governments Act, such powers are not absolute and must be exercised reasonably and lawfully.
The petitioners described their sudden dismissals as ‘arbitrary and whimsical’, which they said caused immediate harm to their rights and reputations.
The court certified the matter as urgent, granted conservatory orders suspending the governor’s decision and effectively reinstating the affected officials pending the hearing and determination of the case.
On April 9, Governor Lusaka fired his entire cabinet , County Attorney and Secretary, in a move he said was aimed at ensuring effective governance and improved service delivery across the county.
Lusaka defended his actions, saying that the decision was taken in good faith and in the broader public interest, aimed at enhancing the efficiency of the county government and safeguarding the integrity of its institutions.
Despite the major shake-up, he assured Bungoma residents that service delivery would not be disrupted and further indicated that measures had been put in place to ensure the continuity of essential services.
Bungoma Governor Kenneth Lusaka
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Kenneth Lusaka
Source: Kenyans.co.ke | Read the Full Story…
