Court bars sacking of Trade Unions Registrar
17 April 2014, 18:59
Nairobi - An Industrial Court has temporarily halted Labour Cabinet Secretary Kazungu Kambi, the Solicitor General and the Attorney General from gazetting the sacking of the Registrar of Trade Unions.
Justice Njagi Marete issued the halting orders barring gazettment of the removal from office of Mr William Kibet Langat pending the hearing and determination of a suit filed by Perpetua Mponjiwa, Tom Charigu and Richard Mitei challenging his sacking and removal from office.
“Interim orders be and is hereby issued against the Labour Cabinet Secretary, the Solicitor General and the AG or any of their agents from degazetting gazette notice number 12355 of November 2011 pending the hearing and determination of this case,” said the judge.
The three allege that Mr Kambi in collusion with the Solicitor General removed Mr Langat from the office of the Registrar of Trade Union and purportedly replaced him with Ms Elizabeth Nyambura Gicheha irregularly.
Through their lawyer Jack Oronga, they claim that the whole trade union is likely to suffer prejudice if illegal actions of the labour Cabinet secretary and the Solicitor General are allowed since the Public Service Commission has been taken over and that the process has been interfered with politics.
The three claim that the office is likely to be occupied by an officer contrary to the law.
“The PSC is the only one with the sole mandate of appointing or replacing such an officer, PSC powers have been taken over by these illegal actions, unless this degazettement is stopped the whole trade union will be prejudiced,” Mr Oronga said.
Mr Langat went into the said office in 2010 following a gazette notice announcing his appointment and has served the position till February 26 when he allegedly received a letter from the Solicitor General on instructions of Mr Kambi informing of his purported removal.
According to Mr Oronga, no law allows Mr Kambi or the Solicitor General to meddle into the affairs of the Registrar of trade unions.
An officer in the said office is supposed to be outsourced through public participation, advertisement and interviews which were not considered in replacing Mr Langat.
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