The Kenya County Government Workers Union has strongly condemned the Nairobi County Government’s decision to remove employees from the payroll for failing to participate in a bio-metric registration exercise for a staff medical scheme. Calling the move illegal and discriminatory, the union has demanded immediate action to reverse the directive, warning that failure to comply could lead to industrial unrest.
In a letter addressed to the County Secretary, union Secretary Calvince Okello stated that many affected employees had valid reasons for missing the registration, including authorized absence, illness, and terminal leave. Others faced technical issues or were excluded due to incomplete records.
“The employees were also never adequately sensitized on this exercise, as some had assumed that recent registrations for ID issuance or health facility use sufficed,” the letter, dated November 27, 2024, reads.
The union accused the county government of unfairly targeting junior staff while sparing senior executives who also failed to register.
“This is outright discrimination,” the union asserted, emphasizing the unequal treatment of employees.
The union also pointed out that neither the law nor the Collective Bargaining Agreement (CBA) mandates employees to enrol in an employer-provided medical scheme, stating that using the registration as grounds for payroll removal is both illegal and unjust.
Violation of Employment Laws
The union argued that striking employees off the payroll effectively amounts to contract termination, which requires adherence to due process under the Employment Act (2007) and the CBA (2012).
“Removing staff from the payroll, thereby denying them salaries, is tantamount to dismissal from employment. Due process under Part VI of the Employment Act and Section 29 of the CBA must be followed. Any directive to strike off the said employees is an illegality and a nullity,” the letter stated.
The union urged the county government to adopt better strategies for staff management rather than using medical scheme registration as a pretext for headcount exercises.
“We believe the county government should prioritize proper staff supervision without resorting to punitive actions disguised as biometric registration. We trust you will take urgent action to address this matter and avert potential legal and industrial actions,” the union warned.
This escalating dispute underscores tensions between the Nairobi County Government and its workforce, with the union’s intervention highlighting the need for adherence to employment laws and fair labour practices.
