Top Uasin Gishu County Officials Found in Contempt Over Employment Terms for Casual Workers
In a significant legal development, Uasin Gishu County Government Secretary Edwin Bett and two other top county officials were found in contempt of court on Wednesday for failing to convert casual workers to permanent and pensionable terms.
However, they narrowly avoided sentencing by agreeing to comply with the court’s directive.
Justice Maureen Onyango of the Employment and Labour Relations Court in Eldoret found Bett, former County Executive Committee member for Health Sammy Kotut, Chief Officer for Health Paul Wangwe, and the County Public Service Board guilty of contempt. The court’s order, dated September 2, 2023, mandated the conversion of casual workers to permanent and pensionable terms.
The case, filed by Joel Bett, John Wachira, and Cherono on behalf of 27 others through the human rights lobby Centre Against Torture, highlighted the county’s refusal to grant permanent employment status to workers who had served in their positions for over six years.
Represented by Lawyer Stanley Kagunza, the workers received a favorable ruling from Justice Onyango, who directed that they be converted to permanent and pensionable terms with all associated rights and benefits under the Employment Act, 2007. She stated, “The respondents are bound to recognize the petitioners as permanent employees having worked for the respondents continuously for more than six years.”
The county government’s lawyer, Mwangi Kangu, argued that the county had complied with the court order by issuing letters of appointment indicating a six-month probation period. However, Justice Onyango reminded the respondents that her order specified immediate conversion to permanent and pensionable terms without any probation.
In court, Kagunza revealed that the county government had issued new posting letters to the workers, indicating a six-month probation period and reassigning them to different departments. One worker, a diploma holder in ICT, was reassigned to the Department of Agriculture as a senior support staff member on job group D, typically reserved for cooks and office messengers.
Justice Onyango declared the county’s actions null and void and emphasized the need for compliance with her original order. She also granted the aggrieved workers the right to join a trade union of their choice immediately.
The judge has scheduled a follow-up hearing for June 26 to ensure compliance with the court’s orders and to provide further directions.
This ruling marks a significant victory for the casual workers, who have fought for years for fair employment terms and highlights ongoing issues with labor rights and compliance within the county administration.
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