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The employment and labour relations court has reinstated Nairobi County Assembly employees who were demoted and ordered for the release of any withheld salaries.
In a court order dated 12th November 2021 that was signed by Justice Ocharo Kebira, and certified under certificate of urgency, the county staff will be reinstated pending any appeals by the County Assembly
“”That the ex-parte Applicants are granted leave to apply for an order of mamdamus to compel the Respondents to reinstate their lawful job positions with full rights as to job rank/group, their salaries, remunerations and pay them any money withheld as a result of the demotions,” Read the court order
Ocharo also granted a 21 day window period for a Judicial Review by the Applicants.
In what would seem like a big win to the employees the court said they are free to apply for a judicial review order of probation that will prohibit the Nairobi County Service Board from demoting them and reducing their salaries
“The ex-parte applicants are granted leave to apply for a judicial review order of certiorari to bring into this court and quash the respondents’ decision demoting and reviewing/reducing the salaries of the ex-parte Applicants,”
the order continues: “That the leave granted herein shall operate as a stay of the Respondents’ decision to demote the ex-parte Applicants and reductions/ withdrawal of the whole or part of their salaries. For avoidance of doubt the implementation of the decision is stayed, pending the hearing and determination of the Judicial Review application. The costs of this application to abide the outcome of the Judicial Review application,” directed Ocharo in the court order.