Nakuru governor Lee Kinyanjui wants a case in which 115 county employees are seeking to block their suspension terminated.
Through lawyer Dominic Kimatta, the governor made an application before the Employment and Labour Relations court sitting in Nakuru.
He is seeking to have the case dismissed on grounds that it is premature and incompetent.
Mr Kimatta told the court that the directive by Mr Kinyanjui to send the workers on compulsory leave followed a recommendation from the County Assembly.
The court heard that the claimants were only required to pave way for investigations and audit in their various departments over allegations of misappropriation of county funds and favouritism.
“There was no offence on the part of the governor in sending the county workers on leave. He only acted on a recommendation by the County Assembly to pave way for investigations in their departments. I therefore urge the court to strike out this suit,” said Mr Kimatta.
The 115 employees who include county and ward administrators moved to court to challenge the directive, saying Mr Kinyanjui’s orders were in bad faith. They termed them unprocedural and unconstitutional.
Justice Hellen Wasilwa suspended the governor’s decision, pending hearing and determination of the case.
In their suit, the employees have sued the governor, the county secretary, the County government of Nakuru and the Nakuru County Public Service Board for contravening their rights.
They are seeking orders to have the county barred from advertising and filling the positions of the sub-county, deputy sub-county and ward administrators until the case is fully determined.
The case will come up again on October 12.