Nyamira Governor Amos Nyaribo risks a six-month jail term for contempt of court after he allegedly refused to reinstate 1,500 employees he demoted.
This is after the Employment and Labour Relations Court in Kisumu on Tuesday, November 23, 2021, granted leave to petitioners to file contempt proceedings against him.
The petition was filed by public participation director Dan Onyancha, payroll manager Lewis Oburu, public service management department director Douglas Osoro and county chief planner Lamech Machuki.
The Nyamira county and the County Public Service Board are also facing contempt charges.
On September 22, 2021, Nyamira county employees filed a petition before the court challenging their demotion by Governor Nyaribo.
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The 1,500 employees termed their demotion unlawful.
They now want the governor charged for failing to readmit them to their former job groups as directed by the court.
In the petition, Nyamira county, Governor Nyaribo and Nyamira county public service board are listed as first, second and third respondents respectively.
On November 11, Justice Christine Baari granted leave for petitioners to commence the contempt of court case against the respondents.
In the contempt suit, the petitioners asked the court to grant them an order of committal against Nyaribo, county secretary James Ntabo and Finance executive Emily Ongaga.
Others are public service board chairman Peter Kereri, HRM director Godfrey Kiriago and payroll manager Elmelda Nyaberi, whom they accused of disobeying earlier orders.
“The actions of the first and second respondent have violated the petitioners' legal and constitutional rights to be heard and offered fair administrative action.
"[The administrative action] requires an employee not to alter terms of employment to the detriment of the employee unless the law is upheld," the petition reads in part.
The petitioners also sought contempt of court for the county's failure to honor orders issued by the court on September 22.
They said that the county (first respondent) also failed to provide itemised payment slips for all petitioners at the GHRIS platform.
The petitioners said in October and September payment slips were contrary to the court order of September 22. The amounts received were less.
“It is the interest of justice and for the purposes of upholding the dignity of the court that the orders sought herein ought to be granted.
“It is just and equitable to grant the reliefs sought in order to preserve the dignity of the court process and rule of law," the petition reads.
Through their advocate, Geoffrey Yogo, the employees had also sought protection from the unfair demotion and deduction of salaries and allowances.
