Cotu sues State for failure to swear-in judges

By Judy Ogutu

Central Organisation of Trade Unions (Cotu) has moved to court to stop the Government from interfering with the tenure of Industrial Court judges.

The giant workers union has filed an urgent case at the High Court seeking orders to compel the Government to ensure Industrial Court judges take their oath of office.

Cotu also wants the court to stop the Government from interfering with terms and conditions of employment of the judges, pending their taking of oath of office and the determination of the case.

The union has sued the Attorney General, Acting Head of Public Service and Secretary to the Cabinet and the Public Service Commission.

Cotu’s advocate, Mrs Judith Guserwa, argued that operations of the Industrial Court have been threatened as a result of Government’s failure to cause the transition of the current office holders in line with the requirements of Section 31 (2) of the Sixth Schedule to the Constitution on Transitional and Consequential provisions.

Guserwa further argued that Cotu members and other litigants who practice at the said courts have been "greatly prejudiced and inconvenienced by the actions of the respondents".

"The respondents have treated the current Industrial Court Judges unfairly and in a discriminatory manner without due regard to their terms and conditions of employment as duly appointed and gazetted Judges," she argued.

It was also her contention that the interest of justice and fair play dictate that the status of the current Industrial Court judges be formalised through formal oath taking following their gazettement and pursuant to Article 74 and Third Schedule of the Constitution.

Discriminatory

Cotu argued that failure to ensure the judges are sworn into office is discriminatory and violates Article 27 of the Constitution.

"If the swearing-in ceremony had gone on in line with the requirements of Article 74 of the Constitution there would be no issues of legitimisation of the judges holding office," Cotu further argued.

Recently activities at the Industrial Court were paralysed after five judges went on strike. Cotu blamed the strike on Judicial Service Commission for allegedly plotting to remove "old" judges.