The issue surrounding the employment of 463 casual workers has lingered on through 3 County administrations now with Lusaka being the one who first absorbed, assigned them duties. The second Governor Wycliffe Wangamati who refused to acknowledge them to the 3rd regime under Lusaka again who is also playing hide and seek with the law. Over time the issue has become a resident of the Courts with contempt after another being the order of the day.
At devolution transition in 2013 Lusaka government inherited properties and human resources from Local authorities (Municipal and County Councils). Upon dethroning Lusaka in 2017 Wycliffe Wangamati opted to fire all of them prompting a Court battle between the Kenya County Government Workers Union (KCGWU) – Bungoma chapter and the County Government of Bungoma in 2019
In 2020 a Judgement made by the Court against the government which was ordered to employ the casuals with salaries backdated.… The order was out rightly ignored leading to more in and out of court battles.
Today 1st Feb 2023 a Bungoma Court having previously warned the respondents over a series of contempt of Court, absenteeism and stun warning of Civil jail if they dont present themselves in court today… County Attorney Showed up saving his bosses the Civil Jail but not for long. The Court finally ruled that the County government of Bungoma must by 16th Feb 2023 have done the following or risk having the responded jailed for 6 months;
County Attorney Cyril Wayongo’s plea for 10 days to implement the orders was disputed by the Union’s lawyer who indicated that the county is a serial offender on matters contempt of court
The Court therefore ordered that:
- In 7 days, The Government must employ and deploy the 463 casuals in question
- In 7 Days, the Government and the Union should enter a consent on the same
- The consent would then be presented in Court immediately
- The case is to be mentioned on 16th Feb 2023
- If the government would not have complied by employing and deploying the 463 casuals by 16.2.2023 then respondents will be send to civil jail for a period of 6 months without an option of a fine.
- The County Government to pay costs
Respondents;
- Kenneth Makelo Lusaka ~ Governor,
- Joseph Wakoli Wambati ~ County Secretary,
- Joseph Makata ~ Secretary County Public Service Board,
- Chrispinus Barasa ~ CECM Finance,
- Ms Dinah Naswa Makokha ~ Chief Officer Finance,
- Cyril Wayongo ~ County Attorney (County Lawyer) appeared on behalf of Lusaka’s government
- Robert Wamalwa and Co advocates represented KCGWU
