The Employment and Labour Relations Court in Kisumu has barred Governor Prof Anyang’ Nyong’o and the Assembly from disbanding the county Public Service Board.
This was after the six board members filed a petition at the courts on Monday seeking to bar the county legislature and the executive from carrying out any action against the board.
The embattled board members were appointed by ex-Kisumu Governor Jack Ranguma and had served more than four years.
The ruling came few days after the County Assembly approved a motion seeking to send away the board for gross misconduct.
The board had been accused of discrimination, nepotism and corruption.
The MCAs also decided that the appointing authority should reconstitute the board immediately.
The court also gave a restraining order to the county government stopping any recruitment of new members to replace the current office holders.
“I there issue an order of stay to the implementation of a letter from the county acting secretary dated December 7 purporting to remove the board members until the application is heard and determined,” said Justice Nduma Nderi.
Justice Nderi also barred the county government from accessing the said offices, blocking the members from accessing the offices, deducting or withholding their salaries or allowances they are entitled to by the virtue of their employment.
The assembly proposed that the board members who mostly, the report established, were retirees, should not be engaged in salaried terms or full time employment but should be paid allowances.
Breach of law
In a report tabled by majority leader Mr Ken Odhiambo, Chairman of an ad hoc committee investigating the conduct of the board members, it was recommended that relevant government agencies investigate breach of the law by the members.
According to Mr Odhiambo, the board failed to promote the objective and principles of devolved government, adding that it lacked inclusivity, equality and ignored marginalised groups.
The committee want the board to communicate the outcome of the vacant positions for nurses as was advertised, shortlisted and interviewed to the applicants.
The committee established that the board created new additional offices contrary to the County Government Act.
The offices were not approved neither by the county executive members nor the assembly.
The board was also accused of failing to constitute a city management board.
The court directed the respondents to make their reply on the matter within seven days before hearing on the case starts on December 19.