County Government of Laikipia

On Wednesday, 12th August, 2020, the Public Service Commission delivered a decision reinstating 27 doctors dismissed by the County Government of Laikipia for absconding duty. This decision was not unexpected as the commission had openly and evidently pre-determined the matter. The expectation of the County Government of Laikipia was that the commission would hear and determine the case in an impartial and fair manner. That did not happen. Instead, the commission demanded a return-to-work formula which the county government objected to considering that the strike that resulted to the administrative action against the said doctors, was illegal. Since the commission had made already made a decision without hearing the matter, the county government asked it to remove itself from proceeding with the matter as this was the most professional and honest thing to do under such circumstances. Regulation 78 (2) of the Public Service Regulations 2020 provides that the Commission shall ensure that every party to a conciliation process has an opportunity to make representations in the matter. The commission failed to invite the County Government of Laikipia to make representations in total disregard to this provision. The County Government of Laikipi was denied the right to access justice through a fair hearing. The position of the county government is that the PSC has not conducted itself impartially by declining to give all parties an equal opportunity to be heard and acting in total disregard of Article 50 of the constitution. The County Government of Laikipia will appeal this decision.