A rights lobby organization has questioned the appointment of eight individuals to the positions of deputy director at a state corporation based in the Coast region.
Some eight people, who were Heads of Department at the Coast Water Works Development Agency, were 2020 promoted to deputy director following the introduction of a new human resource policy structure.
They were HODs on contract.
“This means before being appointed to the positions of deputy directors, they should have either resigned or terminated their contracts first before the positions are advertised and they apply,” said Commission for Human Rights and Justice executive director Julius Ogogoh.
The positions were not advertised and at that time, there was no substantive CEO at the helm.
Ogogoh called for a review of the human resource policy structure at the CWWDA saying the promotion was irregular and against the law.
In a letter dated June 8, addressed to the CWWDA chair, the activist threatened legal action should the appointment not be reversed within seven days from June 8.
Ogogoh claims a former Water and Sanitation CS influenced the “deployment and appointment of HODs (Heads of Department) on contractual terms to deputy directors at CWWDA”.
“And through a resolution passed at the special meeting convened to yourselves, several employee HODs were appointed to new job grades unprocedural and contrary to the law,” Ogogoh said in a letter addressed to the CWWDA chair on June 8.
The rights activist said provisions of Section 26 of the Public Service Commission Act, stipulate that development or review of a public service entity, which the CWWDA is, should be approved by the PSC before implementation.
“It’s within our knowledge that the PSC never received any new information of HODs on the contract being converted to deputy directors of CWWDA,” read the letter in part.
CHRJ says the Constitution 2010 clipped the powers of a CS to approve the organizational structure of a state corporation upon advice and recommendation from the State Corporation Advisory Committee under section 5 (3) of the State Corporation Act.
“That power ceased to exist with the advent of the new Constitution of Kenya 2010,” Ogogoh said.
“Without doubt, the public interest involved in this matter is colossal as CWWDA is a public entity that is funded by the taxpayers’ money, which stands to be wasted by this action.”
This means much qualified junior staff have been denied a fair opportunity to apply internally and to be considered for the vacancies of the deputy director positions.
“It was a hindrance of career growth for those locked out illegally,” said Ogogoh.
He further noted in the letter that the three-year HOD contracts were not duly and legally terminated and as such, the positions of HODs established by the contracts are still valid and legally recognized.
“For instance, because of this, the HOD Infrastructure now illegally and unprocedurally holds three positions in the agency including acting CEO, deputy general manager and the HOD Infrastructure,” Ogogoh said.