The Industrial Court in Nakuru has stopped the Nakuru county government from ejecting a senior Transition Authority officer from her county office.
The court issued permanent injunctions against the removal of interim head of county supply chain manager Elizabeth Masaku.
Masaku’s removal was to serve as a disciplinary measure by the ministry of finance and planning and the county assembly. The ministry and the county assembly accused Masaku of misconduct by failing to comply with instructions and delay in implementing some sections of the Public Finance Management Act, 2012.
In her defence, Masaku said the guidelines from the finance and planning executive amounted to insubordination and were contrary to various sections of the said act.
The Nakuru county government was barred from acting on the county assembly report and a memorandum by the finance and planning county executive Francis Mabea and his chief officer to have Masaku redeployed back to the Transition Authority.
Judge Byram Ongaya issued a permanent injunction protecting Masaku, who previously served in the Ministry of Youth Affairs. She was seconded by the PS in the Ministry of Finance to the Transition Authority.
Justice Ongaya declared actions by the county assembly unconstitutional, adding that the assembly has no mandate to exercise disciplinary control over the county procurement officer as shown in their adopted report.
“The court finds the county assembly walked outside its oversight role and purported to exercise disciplinary control over the petitioner. This disciplinary function is vested elsewhere,” Ongaya ruled.
The assembly had overwhelmingly adopted the report that recommended the Transition Authority board to take back Masaku.