Machakos Governor Alfred Mutua. He is among governors who have sent county workers on leave. [Photo/nation.co.ke]
Newly elected county governors have been warned against dismissing workers contrary to the law.
This comes days after some governors dismissed and sent on compulsory leave county workers, citing bloated wage bill.
In a press statement on Saturday, the Institute of Human Resource Management noted that governors have the power to dismiss employees at the County Government as stipulated in section 31 and 45 of the County Government Act of 2012.
However, it noted that this power is limited to senior officials that is the executive committee members and chief officers.
These are the equivalent to the ministers and principal secretaries at the county level. “This issue was however clarified by the high court in Nyeri which ruled that governors can dismiss officers using the pleasure doctrine that is at their will. This means that the court has set precedence which cannot be ignored,” said Elijah Sitimah, the national chairman of the HR body.
Sitimah said governors have their main objectives spelled out in their manifestos which are to deliver to the electorate that put them to power.
He questioned how they hope to achieve their objectives with a work force that is demotivated and in fear due to the rampant hiring and firing as witnessed in the past few weeks.
“Members of staff are under constant fear of losing their jobs meaning they are not productive.Governors should look at individual contracts which spell out the terms of engagement for each employee before dismissing them. The terms of dismissal are spelt out in each contract,” he said. Sitimah called for an urgent amendment of the County Government Act to protect civil servants working at the county government to provide for security of tenure.
He said this will ensure that there is continuity at the county government.
Among counties that have declared their intention to send some of their staff packing include Machakos and Tharaka Nithi where over 400 and 100 workers respectively have been sent on compulsory leave pending the determination of their fates.