Kisumu Govenor Anyang’ Nyong’o has lost an appeal challenging the reinstatement of the eight chief officers he sent on compulsory leave.
They are Samuel Okuro, Sameel Ondola, Jacob Muga, George Akong’o, Cephas Kasera, Derek Obura, George Koyier and Seline Odhiambo.
The officers were among 14 who served in various departments in former Governor Jack Ranguma’s administration. Nyong’o sent them on compulsory leave “to ensure a smooth transition” when he took over after the August 8, 2017 general election.
Nyong’o went to court after the eight were reinstated by the Employment and Labour Relations Court.
In a ruling on Thursday, judge Hannah Okwengu faulted him for the officers' termination, saying procedures were not followed.
Okwengu said Nyong’o did not consult the Public Service Board and the assembly before ending their contracts.
"The officers' fundamental rights were violated by the Governor," she said, but noted that Nyong'o did not act out of malice so no punitive measures would be taken against him.
The Governor earlier argued that he took the decision because he needed to reorganise his administration.
“It is evident that the Governor was motivated by the wish to re- organise his administration in accordance with his manifesto and promise to serve the people of the county better,” the judge said.
She added: “This is a factor that the learned judge failed to take into account in exercising her discretion on cost."
Nyong'o sent the officers on compulsory leave and
asked department directors to take over in acting capacity pending hiring.
He noted that the law says chief officers are not permanent and pensionable employees of the county government.
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