In Summary;
- Petition
- EACC summons
- iKUWEiKUWE Corner
on 13th May 2020 the Employment and Labour Relations Court at Bungoma ruled in favor of casual directing that the 463 employees (casuals) be put on a payroll and be paid in arrears 60 Days. Since then the county has witnessed a beehive of activities including back and forths in Court.
Nyukuri indicates that the Judgment / Orders made were based on false information, fraud, misinformation and misinterpretation of the law and facts pertaining to the terms and conditions of casual workers.
On 7/2/2023 He filed a Notice of Motion (Application)under Certificate of Urgency for Review of the said Judgment. The matter was placed before the Presiding Judge of the Employment and Labour Relations Court at Bungoma, Hon. J. W. Keli on the 14th February 2023 in Chambers in the absence of the Applicant and other parties in Petition No.1 of 2019.
Nyukuri in his application dated 7th February 2013, sought for review of the Judgment delivered by Hon. Justice Mathews Nduma Nderi of the Employment and Labour Relations Court at Bungoma in respect to Petition Cause No. 1 of 2019 on 13th May 2020 in favor of the Petitioner (Kenya County Government Workers Union-Bungoma Branch) against the Bungoma County Public Service and the County Government of Bungoma.
Also read: https://ikuweikuwe.com/2023/04/15/assembly-summons-lusakas-taskforces-bcpsb-hr-kcgwu-over-gaps-in-reports-implementation/
ISSUES FOR DETERMINATION BY ELRC IN PETITION NO.1 OF 2019:
- Whether the Court had Jurisdiction to entertain the Petition
- Whether the Petition was an Employment and Labour Dispute or Constitutional Petition
- Whether the Petition was within the time frame stipulated in the Limitation of Action Act
- Whether the Deponent was a bonafide Member and/or Official of the Petitioner.
- Whether the Petitioner gave consent or power of attorney to the Deponent to file the said Petition
- Whether the grievants were members of the Petitioner to warrant legal representation
- Whether the alleged grievants ever worked as casual workers for the Defunct Local Authorities, the predecessor of the Respondents in Petition 1 of 2019
- Whether or not the impugned Judgment, Orders, Decree and Claims of the Petitioner were based on facts and law or misinformation and lies to the Court
- Which of the two Court certified lists was authentic for execution of the order by the Respondents in Petition No. 1 of 2019
- Does the law allow a Casual Worker to compel the Employer to convert his/ her terms to permanent and pensionable terms and conditions of work?
- Whether the recruitment of Casual Workers was competitive, transparent, accountable or manipulated through nepotism, favoritism and other undemocratic ways
- Whether all alleged grievants on the certified list of 463 were adults or underage at the time of transition from the Defunct Local Authorities to the County Government of Bungoma in 2012.
EACC summons:
#iKUWEiKUWE Corner;
- After the summons, next will be appearance in Court. It’s likely that some of the BCPSB members will be state witnesses while the main culprits to face the music will be Namulala and two others.
