Relief for 112 Nairobi county staff in row over NMS transfer

The Labour court has stopped the Public Service Commission from sacking 112 employees of Nairobi County Government who failed to present themselves for documentation and secondment to Nairobi Metropolitan Service (NMS).

Justice Hellen Wasilwa said the employees should remain in service pending hearing and determination of a petition filed by the Kenya County Government Workers Union challenging transfer of more than 6,000 staff of the county government to NMS.

The union moved to court arguing that its members who failed to attend the secondment exercise that happened on April 6 and 7, this year were apprehensive that they may be at risk of losing their employment.

Through its Secretary General Roba Duba, the union indicated that there were other employees who participated in the exercise but they lacked necessary documentation such as identification cards.

During the staff documentation and secondment done at the NMS offices at the Kenyatta International Convention Centre (KICC), the employees were required to carry original copies of IDs and staff identification cards. The exercise that was undertaken by PSC saw at least 6,052 employees seconded to NMS.

“The secondment exercise in its current form and its attendant requirement is grossly unreasonable as original identity cards and staff identification cards may have been lost and yet to be replaced,” said Mr Duba.

The handover of staff to NMS was part of execution of the Deed of Transfer of functions from the Nairobi City County Government to the national government.

The transferred functions include the county health services, transport, public service works, utilities and ancillary services and planning and development.

Mr Duba said the secondment of staff automatically altered the employees terms and conditions of service by virtue of being under NMS which is a new employer.

The court heard that the union and the county government have a Collective Bargaining Agreement which has been in force since 1953.

In the petition, the union is also challenging the Deed of Transfer of Functions on grounds that the document is ambiguous.

“The executed instrument was ambiguous and vague thus the secondment and deployment letters given to its members remain ambiguous in respect of terms and conditions of service, disciplinary proceedings and the role of the union,” said Mr Duba.

He said the ambiguity caused anxiety to union members and unless clarified, the employees will work under pressure and fear of the unknown. In response, PSC together with the Attorney-General and Ministry of Devolution told court that the Deed of Transfer did not have to state who was to carry out the secondment.