State officers and public servants who had been dismissed from their jobs can now smile all the way to the bank.
This is after Public Service Commission (PSC) wrote to all state departments directing them to pay sacked employees all their terminal benefits.
The decision by PSC is in accordance with Employment and Labor Relations Court which made a landmark ruling.
The labour court ruled denying dismissed employees their benefits contravened Articles 41(1) and (2)(b) on fair labor practices and working conditions.
While making the directive to pay dismissed civil servants, PSC Chairperson Anthony Muchiri said not only will they enjoy their pension but also any other associated social benefit.
“The Courts have further guided that entitlement to pension, gratuity or any social benefit is a right to property within the meaning of Article 40 of the Constitution,” he said.
Before this directive, any government employee who was dismissed from work forfeited all employment benefits.
This was in accordance with Service Commissions Act, CAP 185.
Pensions Act provides under Section 5(2) also gave Kenyan government power to dismiss employees and not give them any compensation whatsoever.
State departments and commissions will now see ex-employees seek their benefits which have been long overdue.
In a gazette notice dated April 14, the Teachers Service Commission (TSC) said it had sacked 64 teachers for various offenses.
38 teachers were fired after a disciplinary hearing while the rest had been found to have forged their academic certificates.
While forging a document is criminal offence in Kenya, the labour court directed ex-employees should be paid their benefits in full regardless of exit modality.
