This archive report was first published on 5 May 2020.
On May 13, a Nairobi court will hear a case that could have significant implications for the transfer of functions between the national government and Nairobi County. The Employment and Labour Relations court has issued a temporary order blocking the Public Service Commission (PSC) and Nairobi Metropolitan Services (NMS) from firing or victimizing county staff who have not complied with the secondment under the deed of transfer of functions.
The order was issued after the Kenya County Government Workers Union (KCGWU) moved to court to quash the secondment of 6,852 workers from City Hall to NMS by the national government. The union claimed that the secondment exercise was a violation of the fundamental human rights and freedoms of the workers as enshrined in Chapter Four of the Constitution.
According to the court ruling, the PSC and NMS were restrained from terminating, harassing, intimidating, or apprehending workers who attended the secondment exercise but lacked necessary documentation, and those who failed to attend the exercise.
Justice Hellen Wasilwa's ruling stated:
