Assembly Labour Committee wraps up sittings, retreats to write report
The Kisii Assembly Labour Committee members have wrapped the grilling of the public service board officials even as Board chair Nancy Nyamwange made a strong case objecting to the petition seeking their sacking.
She said the disbandment of the board cannot be done on the ‘low value evidence’ submitted by petitioner Benson Atika throughout the two week sittings.
A similar defence was made by board commissioner, Judy Omae, who said their actions as the board were above reproach. .
Nyamwange, in the hour long grilling vehemently denied the charge of ghost workers in the County.
The staff audit report conducted by the Institute of Human Resource Management, she said, was legally unactionable.
The firm had in its report said it stumbled on about 1,314 employees in the devolved unit who form part of the grounds of the petition byBenson Atika
“It (the report) lacks proper approval from any credible body mandated to conduct staff audit so to us it is hearsay, just a conjecture,”, she told the Labour Committee.
Neither the Senate nor the County Assembly, she argued , had sanctioned it, and thus lacks legal substance for action.
Nyamwange was making the submissions as the committee wrapped up the sitting before retreating to write a report.
Nyacheki Ward MCA Naftal Onkoba is the chair of committee and has been presiding the the two week marathon sittings.
Other members in the committee are Onchonga Saizi (Sensi), Peter Otachi (Monyerero), Denis Ombachi (Marani) and Jacob Bagaka (Masige East, also Deputy Speaker
Also in the committee are nominees Lilian Omundi and Celestine Mose.
The Wednesday sittings draggied well into late night after two prayers for extensions by the committee members. .
Other submissions were made by the public Labour Commissioner Judy Omae.
She defended the suspect additional recruitments of ecde and tivet teachers and instructors respectively saying though done without a subsequent advert, it was not a rarity in procurement.
“In respect of recruitment procedures, the absence of advert cannot entirely block an emergency stop gap recruitment of a staffer, she told the Labour Committee chair.
Board chair Nancy Nyamwange, during the submissions objected to all the accusations of wrong doing leveled against her and team by the petitioner .
She said while there were some aged staff, there were no particulars in law prohibiting the board on engaging them on a casual or contract basis.
“Act 80 of the Public Service Act does not object to contracting them and it would be a legal wrong to bash them as octogenarians still in service.
” These are Kenyans who deserve proper treatment in the eyes of the law, my tribute goes to them as they get being bashed for working hard to build this country, “she said.
Most casual staff recruitments were done through internal advertisements, argued Nyamwange as she warded off the bid by the petitioner, Benson Atika to send them home.
More other County staffers, she told the Labour Committee, have had their promotions thwarted because of politics.
An emotional Nyamwange recounted before the assembly sittings being dragged through embarrassing episodes by forces that would be on the issue of ghost workers.
The ghost workers and elderly staff partly inform the grounds of the petition filed by Atika.
Atika, through counsel Paul Nyamodi is seeking the disbandment of the board and the subsequent dismissal of the office holders. .
Atika accuses the board of committing illegalities in the re-engaging staff, some who are beyond their mandatory retirement age.
The legal defence led counsel Mogusu Nyamweya asked the Labour Committee to excercise fairness and justice as they retreat to write the report.