- In response to a case filed by one Catherine Njuguna, the MD says they engaged PSC to review the HR instruments and proposed a new structure which was subsequently approved.
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The Managing Director of the Kenya Literature Bureau (KLB) Victor Lomaria has denied claims that their new organisational structure was not approved by the Public Service Commission (PSC).
In response to a case filed by one Catherine Njuguna, the MD says they engaged PSC to review the HR instruments and proposed a new structure which was subsequently approved.
"The commission later directed me to implement it. It is therefore false for the petitioner to allege that we have implemented HR structures without the commission's approval," he said.
He denied not having followed due process.
He adds that there is no legal requirement for an employer to consult an employee in the development of HR instruments and structures.
"This is left to the employer to set up the necessary structures for the efficient operations of its organisation," he said.
Regarding his tenure in office, the MD says it's set to expire on August 31 after it was renewed in September 2019 for five years.
He dismissed claims that he was in office illegally as alleged by Catherine.
Catherine filed the petition last week seeking to stop the implementation of KLB's new HR structures. She argued that it lacked the backing of the Public Service Commission.
According to her, KLB staff weren’t involved in the formulation and development of the new HR structures being used to appoint staff in an acting capacity.
"The structures were not subjected to public participation, consultation and views of staff before their implementation," she said.
Based on the new HR instruments, Catherine argues that the company's board of directors approved the appointment of junior staff to act in senior positions and ignored the qualifications and seniority of other members of staff.
Justice Anna Mwaure directed the parties to file their submissions and appear before the court on July 27 when the matter will be mentioned for purposes of getting a judgement date.