The Employment and Labour Relations Court issued its ruling, which removed all of Governor Ken Lusaka’s control over his personnel system when it ordered his administration to bring back multiple senior county officials who had been dismissed from their positions.
The decision from Justice Byram Ongaya has been recognized as a judicial barrier that prevents political cleansing that occurs during transitions between county administrations. The court found that the dismissals were not only unprocedural but bordered on “administrative lawlessness,” as the governor failed to provide the constitutionally mandated right to a fair hearing before showing the officers the door.
The ruling produces a “twisted” outcome that establishes “hostile cohabitation” between the members of the Bungoma County executive. The court has established a “legal fifth column” inside the administration by forcing the return of officials whom the governor wanted to remove from his office.
The officers return to their positions not only with their badges but also with rights to receive complete backdated salary and benefits, which will cause an immediate financial loss of millions to a budget that already faces development-related financial pressures.
Legal analysts suggest this case marks the “Death of the Spoils System” in Kenyan devolution. The “Council of Governors” receives a warning from the decision, which tells them that winning elections does not permit them to break the Employment Act. The ruling establishes that political victors cannot alter civil service protections that exist under “Constitutional Shield” protection.
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