The Employment and Labour Relations Court has quashed the KLB’s new HR structures terming them illegal.
This is a big blow to former KLB Managing Director, Victor Lomaria and his team who had also been suid in the petition that was filled in court by Ms Catherine Njuguna through Lawyer Henry Kurauka.
Lawyer Kurauka had filed the petition on behalf of Catherine Njuguna who was the plantiff in the case.
While delivering her judgment Justice Hellen Wasilwa noted that the whole process that was overseen by KLB and its managing directorv was flawed and it failed to abide by the laid down rules and regulations.
The Judge also directed that KLB does a competitive and Seamless recruitment of its new managing Director and other staff according to the law.
” An order is hereby directed to the 1st Respondent to carry out competitive and seamless recruitment of its new managing director and other staff strictly after compliance with the law and the constitution,” she said.
In the case, Lawyer Kurauka on behalf of the petitioner had filed the petition seeking to stop the implementation of KLB’s new HR structures. Kurauka argued in court papers that the whole process it lacked the backing of the Public Service Commission and violated some aspects of the constitution.
The Court to granted the following orders; An order of certiorari be issued issued quashing the Respondents’ appointments of the Acting General
Manager, Publishing and Production; Acting General Manager, Finance & Commercial Services;Acting
General Manager,Human Resources and Administration; Acting Manager, Planning and Risk Management; Acting Manager, Marketing; Acting
Manager, Information, CommunicationTechnology; Acting Manager, Production; Acting Manager, Supply
Chain and Acting Assistant Manager,Administration
made by the Respondents on 28th June, 2024; ; A declaration that the Respondents have failed in their duty to uphold the rule of law, the Constitution and to
protect public interest in the impugned recruitment of the
new senior managers on 28th June, 2024, without
conducting competitive, meritorious and seamless recruitment. A declaration be and is hereby issued to the effect thatthe 2nd Respondent, Mr. Victor Lomaria has completed
serving a maximum of two (2) terms as the 1st
Respondent’s Managing Director among others.
Kurauka further informed the court inform of the petitioner that, KLB staff weren’t involved in the formulation and development of the new HR structures being used to appoint staff in an acting capacity.
“The structures were not subjected to public participation, consultation and views of staff before their implementation,” he told the court.
He argued in court that basing on the new structures, the company’s board of directors approved the appointment of junior staff to act in senior positions and ignored the qualifications and seniority of other members of staff among other grounds.
KLB was sued alongside its managing director.
In her judgement, Justice Wasilwa noted that the whole process was flowed and termed it illegal.
KLB filled its responce in court which were dismissed and the orders asked by the petitiner were granted
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