Top official blocks hiring of Judiciary finance director

A top official who has been acting as head of finance at the Judiciary has blocked the hiring of new director of finance through court action.

The Employment and Labour Relations Court has stopped the Judiciary from filling the critical position.

Susan Oyatsi, who has been holding the position in an acting capacity for the past seven years, has obtained orders barring the Judicial Service Commission (JSC) from filling the vacancy.

The JSC has advertised the position and applicants have until July 19, 2021 to submit their applications.

Ms Oyatsi has been interviewed twice for the position.

Ms Oyatsi was first appointed to act in the position in February 2015 by then Chief Justice Willy Mutunga. She took over from Beatrice Kamau who had been acting since November 2013. The Directorate of Finance position, which had two directors, has not had a substantive office holder since November 2013.

Judiciary Chief Registrar Anne Amadi had on September 28, 2019 written to Ms Oyatsi, informing her that she was not successful in the November 2019 interview. No reasons or disclosure of scores were made.

Justice Nzioki wa Makau set the matter for hearing inter partes on July 20, 2021.

Ms Oyatsi then received another letter in October instructing her to continue serving as the director of finance.

Ms Oyatsi is now demanding production of minutes, scores and rankings of candidates who were interviewed for position of Director Finance.

She is also seeking special damages amounting to Sh21,708,800 in backdated compensation for being underpaid while serving as Director General Finance.

Ms Oyatsi wants the Judicial Service Commission (JSC) permanently restrained from filling the vacancy.

“Conservatory orders is issued suspending interviews and appointment of Director Finance ex-parte pending hearing of application inter-partes,” Justice Nzioki wa Makau ruled.

The judge also issued a conservatory order restraining the JSC from taking any adverse action against Ms Oyatsi pending hearing and determination of the application inter-partes.

Last week, the Public Accounts Committee (PAC) summoned Judiciary chief registrar Anne Amadi to explain why the two previous interviews have not resulted in filling of the key position.

PAC wants Judiciary to reveal the scores for all the candidates who took part in the two interviews held on September 17, 2017 and November 5, 2019 and why none resulted in filling the position.

The MPS also want JSC to share the difference in remuneration between the substantive holder of the post and what Ms Oyatsi is being paid for her acting roles.

Chief Justice Martha Koome has since blocked Ms Amadi from appearing before PAC to explain why the Judiciary has failed to hire a finance director for seven years.