Judge Directs Gachagua’s Staff to File Job Contracts as Legal Battle Over Compulsory Leave Heats Up
A judge has ordered all staff members of impeached Deputy President Rigathi Gachagua who were placed on mandatory leave to submit their employment contracts for review before any additional rulings on the case are issued.
Employment and Labour Relations Court Judge Hellen Wasilwa stated that contracts for the 108 employees allegedly placed on compulsory leave must be included in the case records.
The judge also directed the respondents, including Attorney-General Dorcas Oduor, the Public Service Commission (PSC), and Head of Public Service Felix Koskei, to file their responses within seven days.
A court mention is set for November 13 for further instructions.
Lawyer Lempaa Suiyanka has taken legal action against the government, arguing that the decision to place the workers on leave following Mr. Gachagua’s impeachment as Deputy President was unlawful.
According to Mr. Lempaa and the African Centre for Peace and Human Rights, the action lacks legal grounds and amounts to victimization.
Principal Administrative Secretary in the Deputy President’s office, Patrick Mwangi, placed the employees on leave on October 18, with Mr. Lempaa contending that the leave is indefinite and legally unfounded.
“This situation clearly shows the 108 public servants are being punished simply for their association with the Deputy President’s office,” he argued.
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The lawyer also claimed this decision politicizes the civil service, which should remain neutral and impartial.
He emphasized that the employees’ roles are not tied to any particular administration, as public officers are tasked with upholding the public’s best interest.
Mr. Lempaa further argued that obstructing the Deputy President’s office operations by unlawfully sending the employees on compulsory leave will harm the public, as essential services will be disrupted as directed by the Executive Order.
The lawyer expressed concern that the order was issued without consulting the PSC, adding that the employees should be safeguarded by the court to prevent job loss.
“The 108 public officers fear that, with no established timelines in the October 19, 2024 directive, the respondents may use it to indirectly dismiss them from public service in violation of Article 236 of the constitution,” he stated.
The executive order mandated that all employees in job groups T and U, department heads, and officers under supernumerary contracts be placed on leave.
Judge Directs Gachagua’s Staff to File Job Contracts as Legal Battle Over Compulsory Leave Heats Up
