An employee serving in the Ministry of Labour has filed suit challenging changes in his terms of employment.
Under a certificate of urgency, Samson Nyaanga said the Public Service Commission had unlawfully changed his terms of employment from permanent and pensionable to contractual.
Through lawyer Nyambega Mose, Nyaanga said the PSC and the Attorney General exceeded their mandate by purporting to convert the terms of his employment without any legal basis.
He wants the court to quash the decision of the PSC and AG dated November 2016 purporting to alter his terms of employment.
Nyaanga says the factors informing the AG and PSC’s decision are unconstitutional and unlawful.
According to the court documents, Nyaanga was invited to apply for a job as a director of employment on permanent and pensionable terms.
At that time, his payslip was explicit that the terms of employment were permanent and pensionable. On October 2016, Nyaanga says he was unjustifiably interdicted for a year on trumped-up allegations which were processed and found inadequate and unavailable.
Nyaanga was subsequently reinstated after being cleared of all the allegations by an independent committee.
On November 20 last year, three months after being reinstated, the PSC secretary communicated to him that his terms of service had been for three years, which Nyaanga says is false.