The Labour court has temporarily stopped the vetting of Principal Secretaries by MPs pending the hearing of a suit filed challenging the process.
In the case, an activist Fredrick Bikeri challenged the list arguing that the list does not reflect gender, regional and ethnic balance as well as inclusivity of the marginalised.
The National Assembly says Bikeri has an opportunity and a right to present his complaint before the relevant committee of the National Assembly.
They argued that the application in court is premature and is therefore meant to interfere with the independence of the National Assembly.
The court’s jurisdiction is limited to constitutional issues that arise in the context of disputes on employment and labour relations.
Bikeri also argues that the action of the President to nominate people who are seemingly close to him and excluding others does not reflect his essence as a symbol of national unity.
He singled out Nyamira county, which he claims had not been given any slot in the nominations terming the move discriminatory.
“The impugned list of nominees leads to ethnic marginalisation, which is unfair labour practices contrary to Article 41 of the constitution as read together with section 5 of the employment Act 2007,” the court papers read.
