Fifty-seven employees in the office of impeached Deputy President Rigathi Gachagua have been given two more days to submit their appointment letters in a case where they are challenging a directive sending them on compulsory leave.
Justice Hellen Wasilwa granted the workers additional time after their advocate, Lempaa Suyianka, made the request.
Only 51 out of the 108 who filed the case have so far tabled their employment contracts as directed by the judge on October 28.
The 108 employees were sent on compulsory leave after Gachagua’s impeachment.
Wasilwa said if the remaining appointment letters are not filed before November 20, Lempaa should consider amending the petition and remove the 57 from the case.
The case was filed by the African Centre for Peace and Human Rights, which argued the compulsory leave was an act of victimisation without legal justification.
He said their tenure was not tied to an individual but the office and that the decision by the Public Service Commission amounted to politicisation of the civil service.
In an internal memo dated October 19, 2024, the government directed 108 staff whose terms of service were tied to Gachagua to proceed on compulsory leave.
“Following the ongoing constitutional process affecting His Excellency the Deputy President it has been decided as follows: All officers in job groups T and U are hereby instructed to proceed on compulsory leave with immediate effect,” Principal Administrative Secretary Patrick Mwangi directed.
“All serving officers in supernumerary contracts shall also proceed on compulsory leave with immediate effect.”
Mwangi in the memo copied to Head of Public Service Felix Koskei further directed all heads of department to appoint people who would be responsible for the affected offices.
“All heads of department are directed to ensure they designate in
writing a responsible officer to be
in-charge of their respective departments with a copy to the Chief
of Staff and the Principal Administrative Secretary