Nakuru Governor Lee Kinyanjui has lost a case against his county officials after the Employment and Labour Relations court ordered all suspended workers to return to work dismissing the Governor's earlier decision.
In the court ruling issued on Wednesday, Justice Hellen Wasilwa suspended the governor's stringent orders to his employees pending hearing and determination of a petition filed by the employees.
“Pending hearing and determination of the matter, an order is at this moment issued staying the letter by the respondent dated August 28 sending county employees on compulsory leave,” she directed.
Justice Wasilwa suspended the decision after the county employees filed a petition in the court challenging the governor's decision.
In their petition, the suspended officials accused governor Kinyanjui of irregularly forcing them to go on a compulsory leave without even subjecting them to any disciplinary action.
“The decision to send the petitioners on compulsory leave was made without jurisdiction and is wrong in every respect as none of the petitioners was ever notified of any complaints or allegations against them that could trigger such drastic action,” part of the affidavit read.
The workers further sought orders restraining the devolved unit from advertising their posts until the matter is heard and determined.
Mr Kinyanjui had forced all the employees to go on leave in what he termed as a measure to reorganize the county government.
Among the officials dismissed include the Director of Finance Wilson Mungai, Director of Procurement Eliezar Ngarari, Head of Enforcement Joseph Kiara, Deputy Head of Implementation Charles Nyanari and Head of Accounts Dan Odunda.
Immediately after assuming office, the county boss also replaced County Secretary Joseph Motary with Benjamin Njoroge, a former Deputy County Commissioner for Changamwe on an acting capacity.
