Vetting Of COTU’s Nominee To SRC Temporarily Stopped By Court

by Mahakamani News

A court has temporarily suspended the nomination and vetting of Nelly Perris Ashubwe to represent trade unions at the Salaries and Remuneration Commission.

Justice Onesmus Makau issued conservatory orders stopping the interviewing, vetting and subsequent appointment of Ashubwe.

The Employment and Labour Relations Court reached the decision following a suit by the Trade Unions Congress of Kenya (TUC-Ke).

The unionists moved to court yesterday challenging the validity of Cotu’s nominee to the commission.

They want the court to determine who among their two nominees would represent the workers at the SRC.

This emerged after both unions forwarded names of nominees to represent them at the salaries commission.

TUC-Ke wants the court to order Head of Public Service Joseph Kinyua to forward Charles Mukhwaya’s name to the president for gazettement.

According to them, Ashubwe was not validly nominated as her selection was not subjected to competitive recruitment.

The lot further argue that the same was not conducted in a transparent manner as decreed under the SRC Act.

The SRC Act requires that all recruitment ought to be conducted in a competitive and transparent manner in accordance with section 7 of the legislation.

Through their lawyer Arnold Ochieng, TUC says they placed an advert in the local dailies on January 30 and invited its members to apply for the said position.

They further claim that they conducted interviews and nominated Mukhwaya to be their representative in the commission, and further forwarded his name to Kinyua’s office.

“To the petitioner’s utter shock and dismay, Kinyua disregarded the said name and without any basis and justification. He never forwarded it to the president.”

“Cotu arbitrarily and single-handedly, in an opaque manner, hand-picked Ashubwe as a nominee to represent trade unions in SRC,” TUC avers.

The case will be mentioned on August 29 for inter-parties hearing.


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