The Narok county government has moved to court challenging the reinstatement by the Industrial Court of a county executive sacked one year ago.
Through an application filed before a three-bench appellate judge Roselyne Nambuye, Philip Waki and Patrick Kiage in at the Court of Appeal on Thursday, the Narok government argued that the said county executive, Richard Bwogo Birir who had been sacked in 2014 was an ordinary employee entitled to damages over the termination of his contract and not a reinstatement as was directed by the court.
"It was unconstitutional of the Industrial Court to order the reinstatement of the county executive since he was simply an ordinary employee of the county government and therefore, answerable to his governor who decided to terminate his services," argued the appellant lawyer N.A Havi.
However, while responding to the same, the CeC through his lawyer Kipkoech Ngetich argued that his dismissal was arbitrary and capricious and no due process was followed.
"If you have to be removed as an ordinary employee then it must be done in accordance with Article 41 of the constitution. The reasons ought to be satisfactory on why you are being relieved off your duties,” he submitted.
The respondent further claimed that the governor’s action was not only unconstitutional but also breached his rights to dignity.
"What was the essence of terminating his services and then sarcastically going ahead to thank him for a wonderful service?” Ngetich posed.
Birir who has since been reinstated to his Agriculture docket one year after being summarily dismissed by Governor Samuel Tunai got the reprieve when Industrial Court Judge Byrum Ongaya in 2014 dismissed the process through which he had been removed and ordered for his reappointment.
A ruling will be made on October 19.