Court dismisses MP’s bid to stop Civil Servants Biometric registration
What you need to know:
- In an affidavit sworn by Moyale Member of Parliament Roba Duba, the union claimed the exercise imposes irrational conditions on the Nairobi County government workers since some of the employees do not have the necessary documents required for the process.
- High Court judge Mumbi Ngugi declined to issue any orders when they appeared before her and instead directed that the matter would be handled better at the Industrial Court.
- According to the union’s chairman, Mr Duba, documents such as original identity cards, original academic and professional certificates, letters of first appointment and birth certificates are not readily available as they may have been lost.
The High Court has dismissed a workers’ union's bid to stop the ongoing fresh registration of civil servants through a biometric data identification and verification process.
In a suit against Attorney-General Githu Muigai, Devolution and Planning Cabinet Secretary Anne Waiguru and the county government of Nairobi, the Kenya Government Workers Union (KGWU) had claimed that the process is a public policy decision that violates public participation and inclusivity.
In an affidavit sworn by Moyale Member of Parliament (MP) Roba Duba, the union claimed the exercise imposes irrational conditions on the Nairobi County government workers since some of the employees do not have the necessary documents required for the process.
PRESIDENT'S ASSURANCE
The union claimed that the exercise is unfair as it is aimed at sacking employees despite President Uhuru Kenyatta’s clarification that the process is not meant for sacking any worker.
“Unless this matter is heard and the process is stopped, the programme will run in its current form and parameters leading to the termination of many employees represented by the union,” said lawyer Brian Otieno.
But High Court judge Mumbi Ngugi declined to issue any orders when they appeared before her and instead directed that the matter would be handled better at the Industrial Court.
The exercise requires employees to produce an original identity card, a duly completed biometric data capture form, original academic and professional certificates, a current payslip, the letter of the first appointment, the letter to the current substantive post and a birth certificate.
GHOST WORKERS
According to the union’s chairman, Mr Duba, documents such as original identity cards, original academic and professional certificates, letters of first appointment and birth certificates are not readily available as they may have been lost.
He further argued that the exercise requires one to be physically present yet some workers may not be in a position to be there and hence may be tagged as "ghost workers".
And even though the process is aimed at improving government functions in structuring and staffing to facilitate transformation in the public service delivery in counties and at the national level, he insists it is illegal.
The Moyale MP wanted an order issued to declare that the requirements of the biometric data exercise are unreasonable.
