Kenya Literature Bureau (KLB) has suffered a blow after the Court of Appeal declined to stay the execution of a judgment that quashed the implementation of its new Human Resource (HR) structure.
A three-judge bench comprising Justices F. Ochieng, Weldon Korir and Joel Ngugi dismissed KLB’s application, finding that the institution had not demonstrated how its intended appeal would be rendered nugatory if the judgment was implemented.
“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,” the judges ruled.
KLB sought to suspend HR structure judgment
KLB had asked the Court of Appeal to stay the execution of a judgment by Justice Hellen Wasilwa pending the hearing and determination of its intended appeal.
The bureau also wanted the court to suspend any proceedings before the trial court relating to the dispute.
The application was opposed by Catherine Wanjiru Kerubo through her lawyer, Henry Kurauka. The Public Service Commission (PSC) also opposed KLB’s application.
KLB argued that quashing the acting managerial appointments made under its approved Human Resource instruments had created a vacuum that could interfere with its operations.
The institution told the court that it plays a critical role in publishing and supplying learning materials to schools.
It argued that disrupting its operations could affect revenue, contractual obligations and budgetary commitments based on the new HR structure.
KLB warns of disruption to operations
The bureau further argued that temporary appointees had already assumed their respective positions, accepted new job descriptions and received performance targets.
According to KLB, disrupting the arrangements could negatively affect its operations.
“It is in the interest of justice, fairness and the public to allow the implementation of duly approved HR instruments to continue undisturbed,” KLB argued.
However, Kurauka opposed the application on behalf of Wanjiru, arguing that KLB should not be allowed to continue implementing HR structures that had been challenged for allegedly violating the Constitution.
He argued that the judgment contained valid orders intended to 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 judgment is stayed,” Kurauka submitted.
PSC opposes KLB’s application
The Public Service Commission also opposed the application.
PSC argued that KLB’s appointments should comply with the approved HR instruments dated June 28, 2024, and Section 34 of the Public Service Commission Act.
The dispute arose after Wanjiru filed a petition challenging KLB’s new HR instruments and appointments.
She argued that the structures lacked the necessary approval from the PSC.
Staff participation questioned
Wanjiru also claimed that KLB employees were not involved in the formulation and development of the new HR structures.
According to her court papers, the structures were allegedly not subjected to public participation, consultation or consideration of staff views before implementation.
She further argued that KLB’s board used the new HR instruments to appoint junior employees to acting senior positions while overlooking the qualifications and seniority of other staff members.
Wanjiru sought orders preventing KLB and Victor Lomaria from implementing the new HR instruments and appointments contained in a June 28 memorandum.
Court challenges approval of HR instruments
The petition also raised questions about which institution has the constitutional mandate to approve and develop HR policies for state corporations.
According to the court documents, the PSC has powers to approve, review and make recommendations on human resource policies and practices for employees in public institutions.
The petitioner argued that the State Corporations Advisory Committee (SCAC) does not have the responsibility to approve or develop KLB’s HR instruments.
She further alleged that the 2024 HR instruments, including the organisational structure, were developed without adequate stakeholder participation.
The groups allegedly excluded from the process included unions, non-management employees, management staff, senior management and the board.
