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The Kenya Union of Water and Sewerage Employees (Kuwase) Nairobi branch has faulted the decision of the Nairobi City Water and Sewerage Company board to extend the term of the Managing Director despite having clocked the retirement age of 60.
Addressing a press briefing in Nairobi, the union said the board decision contravenes the law.
''The Public Service Act stipulates that a public officer shall retire from service with effect from the date of attending the mandatory retirement age; and commission or other appointing authority shall not extend the service of such retired public officer beyond the retirement age,” said Kuwase Nairobi branch secretary Wycliffe Onditi.
Kuwase officials accused the board of alleged double standards in the implementation of the Public Service Act claiming that how staff in different departments are treated was against the provisions of Section 80 (1) (a) and (b) of the Public Service Commission Act.
''The issue we are raising is we do not have a contract for 3 years either you are employed permanently or granted a contract of 5 years. Why did the board give the MD a 3-year contract yet he is to retire early next year,” said Onditi
He said a circular issued by the Public Service Commission (PSC) in November 2020 stopped the extension of service for staff who had attained 60 years, referring to a case of a former technical director.
''Case at hand is when our immediate former Technical Director reached the retirement age the company sought advice of the PSC who advised one must exit the company at retirement age,” he said
Kuwase Nairobi branch chairman, Moses Muchai while calling for the intervention of the national government said, “our position is very clear when one attains the age of 60 they should go home, there are things we cannot negotiate.”
The same matter has been raised in the Nairobi County Assembly through request of statement by Majority Leader Peter Imwatok.
“At its sitting of 6th November, 2024, the Company’s Board of Management resolved to extend the term of service of the current Company’s Managing Director (MD) in an Acting Capacity beyond the officer’s mandatory retirement age of sixty (60) years,” Imwatok’s statement reads in part.
He said this goes against the directive by the Public Service Commission and circular dated February 16, 2023 by the Ministry of Public Service.
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