CRS appeal against county clerks pay flops

CRS President Lyn Mengich gestures during a press briefing on May 15, 2019. PHOTO | FRANCIS NDERITU | NMG

The Court of Appeal prevented the Wages and Compensation Commission (SRC) from challenging a High Court order that thwarted its attempt to reduce the monthly salary of county assembly clerks from 350,000 shillings to 259 000 shillings.

The three-judge bench struck off a notice of appeal filed by the SRC after finding it was not interested in pursuing the case as a result of the conduct of its lawyers.

The court said the lawyers had not moved the case beyond filling out the notice of appeal, in which they had expressed their intention to challenge the judgment of the employment and labor relations tribunal. which ended the pay cut for county assembly clerks in June 2018.

The SRC wanted to challenge the decree defining the final stoppage of the implementation of the public sector job evaluation report concerning the clerks of departmental assemblies.

According to the rules of the Court of Appeal, the commission was supposed to lodge the main appeal within 60 days of the filing of the formal notice.

But his lawyers failed to do so and there was no evidence that they had requested typed proceedings from the trial court. In addition, they did not attach any certificate of delay to justify the delay in bringing the main appeal.

The bench composed of Justices Martha Koome, Mohammed Warsame and Patrick Kiage said the commission’s decision to file the notice of appeal was simply to deny the clerks the fruits of their judgment.

In the judgment handed down by Judge Nzioki wa Makau, the labor court declared the downgrading and loss of pay of employees to be illegal. The judge also noted that the clerks are accountants and CEOs of their respective county assemblies.

He said the SRC’s decision to classify clerks at Class D while other accountants and CEOs are placed at E was discriminatory.

In their petition, the clerks told the court that the job evaluation by the SRC had reduced them to subordinate positions that did not fit their roles.

Judge Makau ruled that the county structure is a microcosm of the national government.

“The county assembly in its character reflects the national assembly. The county assembly clerk is not part of the mid-level management, but is part of the group of high-level specialists and senior managers. They fit into Patterson Banding’s E-band, not D. As CEO of the assembly, they cannot be considered subordinate, ”the judge said.

The CBC had defended its decision to reduce the job pool and the compensation of clerks, saying it was carrying out its constitutional mandate, which could not be usurped by anyone.

But the court said constitutional bodies such as the CBC are required to carry out their functions following the precepts of the Constitution and whose key is fairness and law enforcement.