Eight former employees of the Tana River County government have lost a case in which they challenged their sacking.
The Employment and Labour Relations Court in Malindi dismissed the case, saying the county acted within its powers in terminating their contracts as these were found to be illegal.
The claimants had argued that they were targeted because of their ethnic background.
“It will be illogical for me to find that the first respondent (county government) sacked the claimants (former employees) because of their ethnic affiliation,” said Justice Bernard Manani.
“I do not find sufficient prima facie evidence to reach this conclusion in order to require it to rebut the evidence.”
The court noted that all the claimants conceded that their appointments were not processed in line with the County Government Act.
Justice Manani also noted that the vacancies had not been advertised and they were not hired by the County Public Service Board.
“In my view, a contract that is tainted by illegality yields no rights that are capable of protection,” he said.
The claimants, he ruled, could not enforce rights accruing from such a contract and it would be improper for the court to aid in its enforcement.
“This is the position that the claimants find themselves in, they may not enforce the protections granted to employees under the Employment Act in relation to the contracts as they were entered into contrary to the law,” Justice Manani said.
The plaintiffs had told the court that they were hired for various positions and posted to Hola Referral Hospital.
Around January 2, 2019, they received letters from a county official terminating their contracts on the grounds that they were irregular.
They disputed the expressed justification for their sacking, arguing that they were fired on ethnic grounds as only members of their community were allegedly let go.
For its party, the county government told the court that the claimants were sacked when an audit revealed that they had been recruited contrary to the law.
Officials said they wanted to correct the irregular hiring.
The county government also said the claimants were all hired by an entity other than the County Public Service Board, which, by law, is the only agency empowered to employ, discipline and sack county staff. BY DAILY NATION