Kakamega County Assembly clerk Patrick Kamwessar, who has been on forced early retirement, has been reinstated pending the hearing and determination of a suit he has filed with the Labour Court in Kisumu.
Kamwessar had sued the Kakamega county service board for "wrongfully" sending him on early retirement on February 27.
The clerk on Thursday obtained orders suspending his purported retirement.
“Pending hearing and determination of this suit, the court hereby stays the resolution by the Assembly Service Board of February 27 purporting to retire the petitioner from the service of Kakamega County Assembly,” the orders read.
The case will be heard on April 8.
Last Monday, Kamwessar resumed duty after a two-month forced leave and found the locks on his office door changed.
A sergeant at arms served him with a letter asking him to proceed to retirement. "This is to communicate the decision of the Kakamega Assembly Service Board that you retire from service with immediate effect in line with your terms of service, as per the County Assemblies Services Act 2017 section 30 ( 4 )," the letter, signed by county speaker Morris Buluma read.
To Kamwessar, the resolution by the board "is erroneous and a flagrant violation of my constitutional rights".
He argues that the board has neither given him the reasons for early retirement nor asked for his early exit as per the law and statutes.
He has three years before the mandatory retirement age of 60.
