Employment and Labour Relations court judge Hellen Wasilwa said the contracts of all the 108 employees alleged to have been sent on compulsory leave, should be attached to the proceedings.
The judge also gave the respondents, including Attorney-General Dorcas Oduor, Public Service Commission (PSC) and Head of Public Service Felix Koskei to file their responses within seven days.
The case will be mentioned on November 13, for directions.
Lawyer Lempaa Suiyanka sued the government arguing that it was illegal to send the workers on leave, following the removal of Mr Gachagua as the Deputy President.
Mr Lempaa and African Centre for Peace and Human Rights said the decision has no legal justification and amounts to victimisation.
Principal administrative secretary in the office of the Deputy President Patrick Mwangi sent the workers on leave on October 18 and Mr Lempaa said the leave was not time-bound and has no legal or lawful basis.
“The foregoing is a clear illustration that the 108 public officers are being victimised for working at the Deputy President’s office,” he submitted.
The lawyer said the decision amounted to politicisation of the civil service, which is supposed to be neutral and independent.
He said the tenure of the employees’ is not dependent on who is in power or which regime is in power, since public officers are required to undertake their responsibilities in the best interest of the public.
Mr Lempaa said stifling the operations of the office of the DP by unlawfully and illegally sending the 108 employees on compulsory will have adverse effect on the public as they will be denied essential services pursuant to the Executive Order.
The lawyer said he is apprehensive that the directive was issued without consulting the PSC and they should be protected by the court before they are rendered jobless.
“The 108 public officers are apprehensive that since the directive dated October 19, 2024 has no known timelines, the respondents will use that to dismiss them constructively from public service in contravention of the Article 236 of the constitution,” he said.
In the executive order, all the employees and officers in job groups T and U, all heads of departments and all serving officers in supernumerary contracts, were sent on leave.
