- The Employment and Labour relations court also ordered JSC to confirm Susan Khakasa Oyatsi as the substantive holder of the position.
- This is after quashing an advertisement calling for applicants to the post.
Image: COURTESY
The High Court has ordered the JSC to compensate its finance director Sh3.5 million for keeping her in acting capacity for more than six years.
The Employment and Labour relations court also ordered the Judicial Service Commission to confirm Susan Khakasa Oyatsi as the substantive holder of the position after quashing an advertisement calling for applicants to the post.
Justice Nduma Nderi ruled that the move to keep Oyatsi in an acting position for years was unlawful and in violation of her right to fair labour practice.
“Judicial Service Commission is directed to pay the petitioner total underpayment calculated at Sh3,572,320 per year from May 2, 2018 to-date.
He quashed JSC decision contained in an advertisement for the position of Director Finance found in JSC’s website and in the local daily dated June 29, 2021.
The judge also declared that Oyatsi is deemed to have been lawfully appointed to the position of director Finance upon expiry of 18 months from the date of appointment in acting capacity on December 2, 2016.
Nderi declared that JSC violated her rights under Articles 27, 28, 35, 41 and 47 of the constitution as set out in the judgment and directed it to compute the special damages, serve the petitioner and file with court for confirmation within 60 days of the judgment.
“In the final analysis, upon a careful weighing of the depositions, documentary evidence and submissions by the parties and in line with the law and relevant authorises placed before court, the court finds that the petitioner has proved her case on a balance of probabilities and the petition succeeds accordingly,” the judge observed.
Justice Nderi said the failure by JSC to timely provide written reasons to her as to why she was not confirmed to the position of director and why she was deemed unsuccessful twice in 2015 and 2019 despite demand also violated Article 47(1) and (2) of the Constitution read with Section (6) of Fair Administrative Action Act No. 4 of 2015.
Oyatsi moved to court seeking for compensation of special damages amounting to Sh22,862,848 and for general damages for discrimination, violation of the petitioner’s right to human dignity and self-worth.
She accused the Judiciary of violating her right of access to information, fair labour practices, fair administrative action and freedom from servitude.
She also sought the court to restrain JSC from taking her back to a position which is lower than her current position of director finance (job group JSG 1) or victimising or treating the petitioner unfairly on account of instituting this petition.
-Edited by SKanyara