Union of Civil Servants v Permanaent Secretary, Ministry of State for Public Service & another [2016] KEELRC 1483 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1483
- Citation
- [2016] KEELRC 1483 (KLR)
The court finds that the petitioner has established that the 1st respondent acted in contravention of Articles 232(1)(i)(i) and 234(1)(f) of the Constitution of Kenya, 2010.
Facts
The petitioner, the Union of Civil Servants, filed a petition against the Permanent Secretary, Ministry of State for Public Service, alleging that the revised scheme of service for clerical officers issued in March 2007 and a circular from 2010 contravened constitutional provisions.
Issues
- Whether the petitioner has established that the 1st respondent acted in contravention of the Constitution.
- Whether the petitioner is entitled to the remedies as prayed for.
Reasoning
The court finds that the petitioner has established that the 1st respondent acted in contravention of the Constitution by issuing the circular and scheme of service for clerical officers, which allegedly contravened the values and principles of public service and the function of the Commission to develop human resources.
Outcome
Judgment entered for the petitioner against the respondents for orders.
Orders
- Circular ref. No. MSPS MIN. 1/3/4/67 of 8.10.2010 by the Permanent Secretary, Ministry of Public Service, is hereby set aside.
- The said scheme of service for clerical officers issued in March 2007 by the Permanent Secretary, Ministry of State for Public Service is hereby set aside in its entirety to be reviewed competitively.
- Clerical officers with recognised academic certificates be elevated to conform to other human resources management assistants.
- Clerical officers be re-designated and absorbed in the relevant scheme of service after passing the requisite proficiency examinations.
- The respondents do pay costs of the petition.
Remedies
- Set aside the circular and scheme of service.
- Competitive review of the scheme of service.
- Elevation of clerical officers with academic certificates.
- Re-designation and absorption of clerical officers.
- Payment of costs.
Authorities cited
Legislation (2)
- Constitution of Kenya, 2010
- Public Service Act
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