Nakuru court rules in favour of 29 ex-county workers, orders compensation
Court terms termination of 29 ex-county employees as unfair.
A total of 29 ex-county workers can finally heave a sigh of relief after a Nakuru court ruled in their favour in a case of wrongful and unexpected termination.
In the case of Rebeccah Bitengo Achuti & 28 others versus the County government of Nakuru and the Nakuru County Service Board, Lady Justice Hellen Wasilwa ruled in favour of the 29 claimants earlier yesterday at Nakuru Labour Courts.
The claimants previously held posts of public communication officers, drivers, cooks, garden assistants, receptionists, clerical administrators, administrative assistants, senior statisticians, chief clerical officers and security wardens.
On October,11, 2022, the 29 individuals were called for a consultative meeting at Iman ACK Guest House where they were each handed a termination letter dated October, 7, 2022 without any prior communication of the letter's contents.
As a result, the 29 proceeded to court to file a claim on October, 21, 2022 seeking reparation for the terminations.
In the filed claim, they alleged unlawful termination seeking compensation under section 49 of the Employment Act.
The claimants termed the termination as unfair and unlawful since the terminations were done before the contract’s expiry date without any reason or due process.
Additionally, the filed claim cited that the abrupt termination embarrassed the claimants financially as a number had secured loans from financial institutions and SACCOs.
In response to these claims, the respondents (Nakuru County government and Nakuru County Service Board) argued that the appointment of the claimants was shrouded with illegality.
The respondents went on to further describe the claimants not as public officers as defined under the Public Service Commission Act, but as appointees of the former governor serving at his pleasure.
Citing this definition, the respondents proceeded to argue that since their appointments were irregular, the termination on that basis was justified.
To which Lady Justice Hellen responded, "Having found that the claimants were employed by the County Public Service Board and that being the body with mandate to employ public officers in the county government, it follows that the claimants were unfairly and unlawfully terminated."
Not only did the court declare the termination unlawful and unfair, the court also found each of the 29 claimants deserving of compensation.
This compensation is to be settled in form of a month’s salary in lieu of notice, gratuity at 31 percent as per employment contract, compensation equivalent to three months’ salary and the payment of costs of the suit by the respondents.