When he took up a job as Chief Officer in Kericho County, Mr. Willy Keter did not envisage that one day the decision would subject him to emotional anguish at the expiry of his contract thanks to the unresponsiveness by the Nakuru County Public Service Board to reinstate him.
Mr. Keter lodged a complaint with the Commission alleging non-responsiveness, discrimination and delayed reinstatement by the County Public Service of Nakuru County for two years.
According to Keter, he served in the defunct Municipal Council of Nakuru until 2013 when he was recruited by the County Public Service Board of Kericho and was appointed by the Governor to the position of Chief Officer, Lands, Housing and Physical Planning on 19th November 2021. Thereafter, he informed the County Secretary of Nakuru County of his appointment and sought leave to take up the new role.
Further, he went to the Ministry of Devolution and Planning to seek advice on matters of secondment to county government by serving county officers. He was advised to refer to a circular of 14th October 2013 released by the ministry which gave directions on the secondment of Chief Officers to the county governments and was referred to the County Public Service Board of Nakuru for action.
The Board advised him to get a communication from Kericho County on his appointment. On 4th December 2012, the Governor of Kericho wrote a letter to the County Government of Nakuru seeking his release. He discussed the issue with the County Secretary who advised that he gives a copy of the letter to the County Public Service Board. The Chief Executive Officer of the Board then informed him that the Board had not formulated policies and regulations for secondment hence the circular from the Ministry of Devolution applied.
The County Secretary of Nakuru further advised that he hands over his office to his deputy and proceed to take up his new responsibility in Kericho County. The secretary also informed him that his salary would be stopped at the end of December 2013.
On 3rd January 2014, Mr. Keter handed over to the Deputy County Planner and reported to Kericho County to take up his new role which he served in until 27th October 2018 when his contract was prematurely terminated by the Governor. Subsequently, on 7th November 2018, he gave a notice of reinstatement to the County Government of Nakuru on the basis of expiry of his contract as provided for in the County Public Service Human Resource Manual but was informed by the Board that other two former Chief Officers were facing the same predicament in Nakuru County and, therefore, he was asked to wait for further communication.
In February 2019, the Board did reinstate the other two officers to their substantive positions but were later sent on compulsory leave by the governor before his issue was resolved. On 30th April 2019, he followed up the matter with the new County Secretary and explained to him in detail the matter in the presence of the Director of Human Resource and was told to wait for the issue to be considered.
In the following months between April and July 2019, he made several follow ups with the County Secretary and Head of Public Service Board but no action was taken. In September 2019, he held another meeting with the County Secretary who informed him that a new Board was now in place and that his issue would be discussed. He was advised to write formally to the Board for ease of action.
On 23rd October 2019, he delivered the letter to the Board and held a meeting with the Secretary who promised him that action would be taken by the relevant sub-committee and subsequently by the board. In December 2019 and January 2020, he made several follow ups with the board and he was assured that the issue was being discussed and that the board had received a communication from the Public Service Commission (PSC) on his case.
In February 2020, he visited the PSC and was promised that the matter would be acted on in two weeks. When the time elapsed he visited the board again to establish the progress of his case but the secretary informed him that they had received a reminder from the PSC and that they were working on the matter. On a later date, he visited the board yet again but was informed that the board was in consultation with the County Secretary on his issue.
This predicament of never ending promises prompted him to lodge a complaint with the Commission on 8th July 2020.
“This is to file my complaint with the Commission with regard to discrimination and non- responsiveness by the County Public Service Board of Nakuru and the Office of the County Secretary and Head of Public Service, Nakuru, on my reinstatement. I have patiently waited for action for the last two years in vain, despite the many letters and visits to the respective offices. I have suffered financially, psychologically and professionally, yet the issue is not disciplinary in nature,” read his letter to the Chairperson of the Commission.
The Commission by way of inquiry took up the matter with the PSC which in turn wrote a letter to the County Public Service Board of Nakuru to seek comment on Mr. Keter’s issue. Following various correspondences between the Commission and the PSC to have the matter resolved, the PSC on 13th October 2021 in a letter to the Nakuru County Public Service Board and copied to the Commission allowed his appeal and instructed that;
a) Keter be reinstated to his substantive position of the County Planner with effect from the date he resumes duty; and
b) The period he was away be treated as leave without pay for pension purposes.
