The High Court has issued new directives regarding employees who served under former Deputy President Rigathi Gachagua and were sent on compulsory leave following his impeachment.
The workers, totaling 108, were reportedly dismissed by a government directive, which they claim was unlawful and discriminatory.
The directive was challenged in court by the African Centre for Peace and Human Rights, which argued that the move lacked legal basis and amounted to victimization.
The case, which has drawn significant attention, highlights the tension between political changes and the rights of civil servants.
According to reports, only 51 of the affected employees have so far complied with the court’s directive issued on October 28, requiring them to present their employment contracts as evidence.
Justice Hellen Wasilwa, who is presiding over the case, has now granted the remaining 57 workers an additional two days to submit their appointment letters.
The judge emphasized that failure to comply would result in these individuals being excluded from the ongoing legal challenge against their compulsory leave.
The government’s decision to place these workers on leave was communicated by Principal Administrative Secretary Patrick Mwangi, who cited constitutional processes linked to Gachagua’s impeachment as the reason for the action.
Mwangi’s directive specifically targeted employees in job groups T and U, as well as those on supernumerary contracts, stating that their contracts would likely be terminated.
In response, the affected workers have strongly opposed the decision, asserting that their roles were tied to the office of the Deputy President and not to any individual.
They argue that their tenure as public servants should have continued under the new Deputy President, Kithure Kindiki.
According to their claims, the Public Service Commission’s actions reflect political interference in the civil service, undermining the principle of impartiality.
The employees have further noted that compulsory leave disrupts their livelihoods and reputations, leaving them in a precarious situation.
They have expressed readiness to continue serving under Kindiki, maintaining that their professional obligations were linked to the office rather than personal loyalty to Gachagua.
They are seeking justice to ensure that the civil service remains independent of political transitions.
Observers note that the case could set an important precedent for how civil servants are treated during changes in leadership.
Advocacy groups have emphasized the importance of safeguarding public sector workers from political reprisals, which could erode confidence in the impartiality and stability of government institutions.
Meanwhile, the government has defended its actions, stating that the dismissals were necessary to facilitate administrative restructuring following Gachagua’s impeachment.
Legal experts, however, argue that any restructuring must comply with employment laws and constitutional protections for workers.
The outcome of this case will likely shape how future governments handle similar situations, particularly in high-profile offices tied to political appointments.
This legal battle underscores the broader debate about the balance between political authority and the protection of public servants’ rights. For now, all eyes remain on the High Court as it deliberates on the fate of these workers.
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