, NAIROBI, Kenya, Jun 13 – The Employment and Labor Relations Court has set aside orders suspending the vetting of procurement officers.
While making the ruling, Justice Onesmus Makau stated that Human Rights activist Okiya Omtatah failed to make full disclosure of material facts at the stage of ex-party orders that suspended the directive that the procurement managers step down.
He indicated that Omtatah did not disclose that he had filed another petition against the Head of Public Service Joseph Kinyua on the similar matter.
Justice Makau has now directed the affected officers to comply with the requirements of the circular within 10 days by providing all information required in the circular issued by Kinyua early this month.
He however cautioned the State against victimizing the affected officers saying the exercise should be carried within the confines of the law.
The court had last week blocked the implementation of the circular after activist Okiya Omtatah obtained orders claiming the action by Kinyua was contrary to the Constitution.
In court documents Omtatah filed an application against Kinyua, Public Service Commission and the Attorney General arguing they blatantly flouted the constitution by issuing the directive.
In the matter, Omtatah questioned the constitutional and legal validity of the president executing the mandate of the public service commission, validity of the circular purporting to send home the public servants and those in independent commissions for 30 days.
Kinyua made the order after the President Uhuru Kenyatta while addressing the public during the 55th Madaraka Day celebrations directed for fresh vetting of finance officers in the government including subjecting them to polygraph tests.
President Uhuru Kenyatta had initially ordered all heads of procurement and accounting units in ministries, departments and state corporations to step aside immediately and their deputies to take over.
The officials were required to submit their personal information to Kinyua including certified copies of mobile money statements of the officers and their spouses for a period of six months and three-year income tax returns for they and their businesses for the last three years.