A teacher with Narok county government has lost his bid to block his salary reduction after the High Court dismissed his case.
Paul Kimeto was employed by the county as a coordinator of Early Childhood Development Education in 2017 with a salary of Sh86,480.
It was reduced without explanation to a gross Sh57,250, prompting the suit.
He sought orders declaring the reduction a violation of the Constitution. The decision was made by the county government, county secretary and Public Service Board.
Kimeto wanted the court to order the county to pay salary arrears of Sh292,300 dating back to March 2018 and order his reinstatement at his former salary.
However, on June 2, Justice Monica Mbaru ruled the application of Sections 13 and 17 of the Employment Act, 2007 by Kimeto as erroneous in the context of his letter of appointment and his acceptance.
She said nothing was owed and payable by the county as in the letter of appointment, his employment was secured under the set out terms and conditions. The said his salary was commensurate with the offer in the letter of appointment.
“For the petitioner to seek reinstatement to his previous position would amount to a request to revert to the secondment terms and effectively to the principal employer the TSC," the judge said.
The petition must fail in its entirety, she ruled.
In the suit, Kimeto said he was hired by the county from June 20, 2017, and issued with a letter of appointment.
In March 2018, his salary was reduced without explanation. On October 15, 2018, he wrote to the secretary of the Narok CPSB requested an explanation. There was no response.
There has been none to this day.
On November 8, 2018, Kimeto wrote a demand through his advocates seeking an explanation and payment of arrears.
In response, the CEO of the Public Service Board Zipporah Sinyoyia said the petition contained gross misstatements of facts and was misleading and without merit.
She said career development within the national and county government was guided by Schemes of Service that provide grading structures to facilitate retention of qualified personnel.
The schemes define duties and responsibilities at all levels; standards for advancement to higher grades on the basis of qualifications for orderly career planning and management of employees.
She said the petition revolved around the career development of Kimeto from the point of his entry in the teaching service both with the Teachers Service Commission and at the Narok county government’s employment to date.
(Edited by V. Graham)