The High Court in Kisumu has temporarily reinstated Kisumu county secretary John Auma, who was sacked by Governor Anyang Nyong’o.
Employment and Labour Relations Court judge Justice Christine Baari issued temporary staying orders following the petition filed by Auma, who was sacked last week.
Justice Baari directed the petitioner to resume duties pending hearing and determination of the application by Auma to the effect of the termination of his contract.
However, Auma could not access the office on Monday as the locks to his office had been changed forcing him to leave.
The court had further ordered that both parties in the petition appear before Baari on April 19 for an inter-partes hearing.
In the petition filed under certificate of urgency, the county government of Kisumu, governor of Kisumu and Nyong’o are listed as first, second and third respondents respectively.
In a letter dated March 28, Nyong’o terminated the contract of Auma, directed him to vacate office and handover functions to Public Service executive Judith Oluoch immediately.
Through his lawyer, Christopher Ayieko, Auma moved to court on a certificate of urgency seeking to challenge the governor’s decision.
He argued the letter of termination was unprecedentedly short, without cause, reasons, grounds, notice, or even salary in lieu of notice as required by law.
In the affidavit, Auma said he successfully served on probation from October 21, 2022 till March 1, 2023 and had just commenced the substantive part of his contract.
He said he was subject to a three-year contract and or with such termination that is reasonable and within the providence of Article 47 of the Constitution.
He further said he executed his contract with diligence, professionalism and due expertise for the period he served.
Auma added that he took loans binding his contract under legitimacy of his service.
The petitioner said the letter demanded that he hands it over immediately.
He told the court that the termination letter was on the same day followed by a phone call from county administrators demanding that he vacates his official residence in Milimani.
In the affidavit, Auma said he was concerned that his family was likely to be thrown out of the county house as a result of the illegal and unconstitutional decision to terminate his contract.
Auma said it was not practical to comply given the circumstance of the situation and nature of his office.
He told the court that such an action would cause his family to risk embarrassment and harassment for being thrown out of the official residence.
“I am apprehensive that my families who now attend school in Kisumu are likely to get embarrassed,” he said.
Ayieko also questioned the timing of the termination only when the courts started vacation arguing that it was intended to deny his client the right to legal action.
He took over the position from former executive Geoffrey Kigochi in October last year.
