The Employment and Labour Relations court has directed that all government procurement and finance officers must proceed on forced leave to allow their employer time to vet them.
In his Wednesday’s verdict Judge Onesmus Makau said Human Rights activist Okiya Omtatah failed to make full disclosure of material facts at the stage of ex-party orders that halted the directive for the procurement managers to step aside.
Makau said the Nairobi activist did not disclose that he had filed another petition against the Head of Public Service Joseph Kinyua on the similar matter.
Justice Makau has now directed the officers to comply with the requirements of the circular within 10 days by providing all information required in the circular issued by Kinyua early June 2018.
Omtatah questioned the constitutionality and legality of President Uhuru Kenyatta executing the mandate of the Public Service Commission, validity of the circular purporting to send home the public servants and those in independent commissions for 30 days.
Head of Public Service Joseph Kinyua made the order after Kenyatta directed for fresh vetting of finance officers in the government including subjecting them to polygraph tests.
However Employment and Labour Relations court has given marching orders for all government procurement and finance officers following an application filed by the government to overturn the earlier order.
The officials are required to submit their personal information to Kinyua including certified copies of mobile money statements of the officers and their spouses for a period of six months and three-year income tax returns and their businesses for the last three years.