A case in which a former employee of the county government of Kakamega is demanding Sh1.7 million in unpaid dues will proceed to a full hearing after a court rejected the government's preliminary objection to the suit.
Former auditor Ismael Angi Okere, in his suit, accused the county government of maltreating him while at work.
The money, he said in the case before the Employment and Labour Relations Court in Bungoma, is his retirement dues and money the county government was expected to pay him for acting in the position he held before he left in December 2019.
Justice Jemimah Keli, in her ruling on the government's objection, declared that the former accountant had the right to sue the county if he felt he was unlawfully treated at work and that his case was also filed within time, as stipulated in the law, contrary to what the county cited in its objection.
The county government had objected to the over Sh2 million its former employee had demanded over claims he had been dismissed unfairly.
Okere said the government did not pay him his dues as required by the law and his efforts to reach out those the administration have been fruitless.
The county had claimed the former employee filed his case way beyond the stipulated timelines, which made the suit illegal.
The county also termed the case premature as the issues Okere raised in his claim were the subject of an appeal before the Public Service Commission (PSC).
"He should have exhausted the matter at the PSC pursuant to the provisions of Sections 77 of the County Governments Act, 2012 and Section 87 of the Public Service Commission Act, 2017 and that the claim is statute-barred by virtue of section 90 of the Employment Act, 2007 before coming to court," said the county government in its objection.
"A person shall not file any legal proceedings in any court of law with respect to matters within the jurisdiction of the Commission to hear and determine appeals from county government unless the procedure provided for under this part has been exhausted," according to the Public Service Commission Act.
Mr Okere also demanded a certificate of service from the county, some Sh 1,545,000 in unpaid allowances, Sh331,202 as basic salary, and erroneous deductions from his pay cheque that amounted to Sh77,939, among others.
The court held that the case filed by Mr Okere was in line with the labour laws and that it should proceed to the full hearing contrary to what the county wanted.
It said that he had exhausted all avenues at the PSC, the reason why he opted for a court process.
"The claimant had exhausted the procedures set out under Section 86 and 88 of the Public Service Commission Act, having raised an appeal with the Commission and then proceeded to file for review of the decision before the Commission, and having been dissatisfied filed the instant claim before this court which has original jurisdiction to deal with all matters employment," said Justice Keli.
The judge added: "His employment came to an end on December 31, 2019, before he filed his suit on November 18, 2022, which was two years eleven months short of the statute limitation period of three years, this Claim is therefore within the statute period."
rwaswani@standardmedia.co.ke
