Uasin Gishu County is once again under scrutiny, this time propelled by a petition submitted to the Senate by Kimutai Kirui a human rights activist based in Eldoret.
The petition delves into critical concerns surrounding the recent staff establishment and deployment practices undertaken by the Uasin Gishu County Government.
One of the primary grievances highlighted in the petition revolves around the alleged unlawful demotion orchestrated by the County Public Service Board (CPSB). It is asserted that directors and deputy directors faced demotion through the alteration of their titles and job groups, a process conducted without adherence to proper procedures or consultation with the affected individuals.
The petition also calls into question the legality of the staff establishment introduced in August 2023, contending that its creation lacked procedural adherence and public participation. This assertion, if substantiated, raises concerns about the validity of the entire staff structure.
Furthermore, the petition argues that the actions of the CPSB, as outlined in the petition, contravene various employment laws, including the Employment Act of 2007. This legislation mandates consultation with employees before any alterations to their employment particulars, a process purportedly neglected by the county authorities.
A notable critique highlighted in the petition is the apparent lack of transparency in the staff establishment process. The petitioner alleges that stakeholders were not adequately involved or informed, thus raising questions about the integrity of the decision-making process.
The petition further posits that the new staff establishment unfairly disadvantages certain individuals and groups, emphasizing the need for a thorough examination of the criteria employed in the restructuring process.
At the heart of the matter lies a nuanced legal query pertaining to the interpretation of “deployment” versus “re-designation” as defined in the County Government Act No. 17 of 2012. The petition prompts an examination of whether the CPSB possesses the authority to alter job titles and job groups without adhering to formal re-designation procedures.
In light of these concerns, the petition urges the Senate to take several decisive actions:
- Investigate Allegations: Scrutinize the allegations of unlawful staff establishment and deployment to ascertain their veracity.
- Ensure Compliance: Ensure that the rule of law and due diligence are upheld in the administrative processes of Uasin Gishu County.
- Recommend Actions: If irregularities are confirmed, recommend appropriate actions to rectify the situation and safeguard the rights of affected employees.
- Public Consultation: Facilitate a public consultation process on the staff establishment to foster transparency and inclusivity.
- Liaise with Relevant Agencies: Collaborate with relevant agencies to conduct a comprehensive investigation into the matter.
- Prepare a Report: Compile a detailed report outlining findings and propose further actions based on the investigation’s outcomes.
In championing these actions, the petition seeks not only accountability for the alleged infractions but also the restoration of fairness, transparency, and adherence to legal processes within the Uasin Gishu County Government.