A court in Kapsabet has rejected an application by Nandi County government seeking to stop the hearing of a petition filed by over 300 support staff who were sacked.
After the workers failed to appear for mentions in two consecutive sessions, the county told the court that the matter was still pending in the Senate for determination.
Lawyer Nathan Tororei, who represented the County Public Service Board, told Kapsabet Resident Magistrate Samuel Mbugua that the Senate had not concluded hearing the dispute.
He argued that the court and the Senate could not have parallel proceedings to settle the dispute.
Mr Tororei told the court that the Senate Committee on Health was yet to issue its verdict.
Senate case
“The plaintiffs had presented the case to the Senate and it’s still active pending determination after hearing of their submissions last year,” he said.
The support staff, including cleaners and ground personnel, were dismissed in June 2020 after working for two years without receiving their dues as laid out in their contracts.
They accused the county of revoking their appointment and terminating a three-year contract, and are now demanding their dues and gratuity amounting to over Sh1 million.
Mr Mbugua dismissed the county’s arguments, saying that the Senate has no substantive mandate to resolve workers’ issues, and affirmed that the court would proceed with hearing the matter.
“Judiciary and the Senate are two independent institutions, and it cannot interfere with the court proceedings,” he said.
The plaintiffs will submit their evidence to the court during the hearing of the case that is scheduled for May 23.