Kenya: Court Orders Vihiga to Pay 528 Fired Workers Sh280 Million

11 December 2019

More than 500 health workers in Vihiga County were reprieved on Wednesday by a court's ruling for them to be paid salaries amounting to Sh280 million.

The ruling by Kisumu Employment and Labour Court Judge Justice Nduma Nderi was on an application that 76 of them filed after they were sacked.

Health workers numbering 528 were sacked through a newspaper notice on December 3 but the PSB said on Sunday that it had withdrawn the notice.

"The workers should be paid their salaries from the day they started working, including their salary allowances, extraneous and health allowances," ruled Justice Nderi.

COMPLAINTS

The medics turned to court after the Vihiga Public Service Board sacked them, saying they were employed illegally.

Among their prayers was an order to stay their letters of termination.

In an earlier court session, they told the court that they served in various health facilities across Vihiga following their appointment in May but that they had not been paid.

"The county government violated the rights of the complainants in the process of their job termination," court documents state.

The petitioners also noted that their terms of employment were similar and that they were to become permanent and pensionable upon completion of s six-month probation.

The medics said, however, that the county did not hire them on permanent basis when their contracts ended on November 10.

CONTRACT

The contract states that each worker was to be paid Sh76,630, inclusive of Sh20,000 as the health service allowance, Sh15,000 as the health workers extraneous allowance and an emergency call allowance of Sh10,000

But the petitioners said they were yet to be paid for services rendered from May to October, a circumstance they described as violation of their rights..

Justice Nderi noted violation of Article 10 of the Constitution and ordered the county to file an affidavit within seven days and serve the health workers.

The case will be mentioned on February 27, 2020 for further directions to be given.

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