Court pardons trio after agreement to employ county casual workers

Uasin Gishu County government Secretary Edwin Bett and three other top county officials who were found in contempt of court over their failure to convert casual workers to permanent and pensionable terms escaped sentencing yesterday after agreeing to comply with the directive.

Justice Maureen Onyango (pictured) of Employment and Labour Relations Courts in Eldoret had found Bett alongside County Executive Committee member for Health Sammy Kotut, Chief Officer for Health Paul Wangwe and Francisca Bowen a member of County Public Service Board guilty of contempt of her order dated September 2, 2023.

The case had been filed against the devolved unit by Joel Bett, John Wachira and Cherono on behalf of 27 others through a human right lobby, Centre Against Torture two years.

This was after the county through the public service board turned down their request to be put on permanent and pensionable basis despite serving in their current positions for more than six years.

The workers are represented by lawyer Stanley Kagunza while lawyer Mwangi Kangu represents the county government.

It was a sigh of relief for the top county officials who had sat in court for more than hour waiting for their fate after Justice Onyango told the respondents that she had pardoned them on condition that they comply with the orders she issued during her ruling regarding the status of employment for the casual workers.

Aggrieved workers

“Don’t be worried since I have pardoned you but make sure that you comply with the orders of the court which stated clearly permanent and pensionable and no probation period of six month  as you have indicated,” stated Justice Onyango.

In her verdict which was in favour of the aggrieved casual employees, the Judge directed that they be converted to permanent and pensionable terms with the rights and benefits under the employment Acts, 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 Judge in her judgment further declared null and void the decision by the county government to continue retaining the aggrieved workers on casual terms.

The aggrieved workers were also allowed by the court to join a trade union of their choice with immediate effect.

The lawyer for the petitioners had brought to the attention of the Judge that the county government had totally gone against the orders she issued and instead given the aggrieved workers new posting letters indicating that they would be put on a six month probation.

“Your ladyship, the county government has issued letters to my clients which indicate that they will be hired on probation for six month pending their confirmation on permanent and pensionable terms based on their performance despite having served for over 10 years,” argued Kagunza.