Governor Simba Arati on Tuesday, April 11, sparked a debate after he ordered that two senior mortuary attendants be sacked following an impromptu visit at the Kisii Teaching and Referral Hospital.
A tough-talking Governor sanctioned the staff for doing shoddy work and putting his administration in bad light.
Arati also alleged that he had gotten wind of a plan to switch off oxygen supply at the hospital to paralyse operations - claims that Kenyans.co.ke could not independently verify.
The move by the Governor raised questions as to whether public servants can be dismissed through roadside declarations.
Kenyans.co.ke sought to find out the process of firing a government employee.
The Public Service Commission (PSC), established in Article 234 of the Constitution, is tasked with hiring and dismissing civil servants.
PSC also exercises disciplinary control over the staff and can remove persons holding or acting in those offices.
Similarly, counties have the County Public Service (CPS) established under the County Government Act (2012).
According to the Employment Act (2007), an employee should be served the termination notice in writing.
The employer bears the burden of explaining the reason for termination to the employee in a language the employee understands.
Additionally, the employee should acknowledge receiving the letter.
If an employee is fired verbally, they can present a complaint to their employer, either the PSC or CPS, and also can institute legal proceedings through the Employment and Labour Relations Court.
In September 2022, the chief executive officer of the Ethics and Anti-Corruption Commission, Twalib Mbarak, warned governors elected in the August 2022 polls from firing county staff arbitrarily.
"The Commission notes that some incoming Governors and their administrations are handling existing staff, new recruitments, and pending bills in disregard of the applicable laws, policies, and procedures.
“Such actions not only render culpable persons to legal liability but may also occasion adverse consequences to County Governments, including loss of public funds," noted Mbarak.
