Kenya Literature Bureau (KLB) has suffered a blow after the Court of Appeal declined to stop the execution of judgement that quashed the implementation of its new Human Resource (HR) structure.
Judge F.Ochieng,Weldon Korir and Joel Ngugi ruled that the application filed by KLB has not established how the intended appeal will be rendered nugatory and dismissed it.
“We therefore , find that the application before this court has not established how the intended appeal will be rendered nugatory.consequently the notice of motion dated December 4,2024 lacks merit and is for dismissal ,we therefore dismiss it,”Reads parts of the judgement.
KLB had filed an application seeking to stay the execution of the judgement by Judge Hellen Wasilwa on the above issue pending the hearing and determination of its intended appeal.
They also wanted to stay any proceedings in the matter before a trial court. The application was strongly opposed by Catherine Wanjiru Kerubo through her lawyer Henry Kurauka.
Public Service Commission also opposed it.
KLB had argued that by quashing the acting managerial appointments ,which were made by according to the approved Human Resources Instruments,the judgement created a vacuum that hinders their operations.
KLB highlighted its critical role in the publication and supply of learning materials to schools,arguing that disruption of its operations would severely impact revenue and operations including the budgetary and contractual commitments based on the new structure.
It argued that the temporary appointees have already assumed their roles, accepted new job descriptions and set performance targets, and disrupting this arrangements risks halting its operations.
“It is in the interest of justice, fairness and,and the public to allow the implementation of duly approved HR Instruments to continue undisturbed, hence necessitating the grant of stay,”added KLB.
Lawyer Kurauka on the other hand opposed that appeal saying that KLB should not be allowed to continue breaching Articles 10 and 234 of the constitution and the contested judgement contained valid orders that protect the public interest.
“KLB has not demonstrated how the new organizational and grading structures would improve its performance and the public stands to suffer if the execution of the judgement is stayed,”added Kurauka on behalf of Wanjiru.
PSC on its opposition said the appointments by KLB should align with approved HR instruments of June 28,2024, and section 34 of the Public Service Commission Act.
Wanjiru had filed a petition last year challenging the HR and the instruments saying it allegedly lacks the backing of the Public Service Commission (PSC)
She claims in her court papers 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 theirimplementation,” she says.
Based on the new HR instruments, Catherine argues that 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.
She seeks to have the court prevent the Bureau and one Victor Lomaria from implementing its new HR instruments and appointments contained in a memo dated June 28.
Justice Anna Mwaure certified the matter as urgent and directed the matter be heard on June 9.
According to the court documents, only the PSC has powers to approve, review and make recommendations about human resource policies and practices of employees.
The State Corporations Act she says does not confer SCAC any responsibility to approve or develop HR Instruments.
“It’s the constitutional mandate of PSC to develop HR instruments in state corporations and public universities,” read the documents in part.
Njuguna goes ahead to state that there was no inclusivity in the development of the bureau’s HR Instruments 2024.
She said the HR instruments which contain the organizational structure did not undergo any stakeholder involvement including the unions, non-management employees, management staff members, senior management and the board of management.
