ACTIVIST CITES BIAS

Bungoma assembly stopped from hiring

Applicant accuses assembly of nepotism, conflict of interest, lack of integrity, lack of career management plan among other allegations

In Summary

•County assembly has 14 days to make submissions

•Before order, assembly was shortlisting potential candidates for various positions  

The entrance to the county assembly in Bungoma town on Friday
GROSS VIOLATION OF LAW: The entrance to the county assembly in Bungoma town on Friday
Image: BRIAN OJAMAA

A Nairobi court has barred the Bungoma county assembly from hiring any new staff.

The order was obtained by Barasa Nyukuri, a renowned public interest litigant.

Nyukuri's grounds for stopping recruitment and promotion of staff include rampant discrimination, nepotism, conflict of interest, lack of integrity, lack of scheme of service and lack of career management plan.

The order was issued on Wednesday by judge Maureen Onyango of the Employment and Labour Relations court. 

It bars the assembly's Service Board from shortlisting, interviewing, recruiting, designating and deploying staff until the petition is heard and determined.

 

The order bars speaker Emmanuel Situma, clerk John Mosongo, Majority leader Florence Wekesa, Minority leader Rael Khisa and Anthony Mabele and their staff from hiring new employees.

The judge said the status quo of before July last year should be maintained. Onyango set the inter-party hearing for June 10 at the Employment and Labour Court in Kisumu. 

Other reasons cited by the rights defender, and constitution and governance expert include lack of staff performance appraisal system, lack of regulations to operationalise the County Assemblies Services Act 2017, and gross violation of the Constitution, County Government Act, 2012, and Employment Act, 2007. 

Nyukuri was allowed to enjoin former assembly speaker John Makali as the ninth respondent and not an advocate for the assembly.

Speaking to the Star on phone on Friday, Makali said they had been given 14 days by the court to make submissions. He said he was optimistic the case will be thrown out.

Before the order, the assembly was shortlisting potential candidates for jobs including assistant communications director and accounting and clerical jobs.

Residents have accused the MCAs of not passing a single bill for their benefit since being elected in 2017. 

(Edited by R. Wamochie) 

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