- However, the JSC has now demoted Oyatsi who has been the acting director of finance at the Supreme Court.
- But in breach of the order, she says JSC has now issued instructions to redeploy her.
Image: FILE
The Judiciary acting director of Finance Susan Oyatsi has challenged the decision by JSC to redeploy her to Kakamega Law Court as an assistant director.
Oyatsi and her employer JSC are embroiled in a court row after she won a case at the employment court where the commission was ordered to pay Sh14 million for not confirming her to Finance director.
The JSC appealed the decision and got orders of the implementation of the judgment pending determination of appeal.
However, the JSC has now demoted Oyatsi who has been the acting director of finance at the Supreme Court.
She has been sent to Kakamega law courts as an assistant director of Finance.
In a letter signed by Chief Registrar Anne Amadi, Oyatsi should report to her new station by November 16.
She has accused the JSC of punishing her for accessing the court to seek for justice against the injustices inflicted on her by the commission.
According to court papers, after the JSC appealed, the court stayed the implementation of the judgement made by the employment and Labour Relations.
But in breach of the order, she says JSC has now issued instructions to redeploy her.
“The commission has deliberately declined to file written submission so as to delay the hearing of the appeal and in the meantime alter my employment status to prejudice me,” Oyatsi said.
The dispute arose from the failure of the JSC to confirm her to the position notwithstanding that she had been promoted in her acting capacity for six years.
She claims that on November 1 this year, she received a letter from the JSC informing her that it had changed her status from acting director to assistant director of Finance which she says reverses her rights as declared in the judgment.
“I believe that the actions of the commission are in fact vindictive and meant to punish and oppress me,” she said.
She argued that JSC is determined to unlawfully inflict maximum punishment and damage on her for having exercised her constitutional right.
Oyatsi wants the Court of Appeal to issue interim orders restraining JSC from prejudging and determining in its favour the pending appeal or imposing its own decision to reverse her employment status.
“The commission be prohibited from punishing her for having accessed the court to seek justice against the injustices inflicted on her,” reads court papers.