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UUUUU Garissa County government lawyer Steven Mogaka(center),on his right is the county secretary Mohamud Hassan mursal,left is Garissa county Public service chairman and Harun Mohamed Yussuf BY SAM ALFAN. The Employment and Labour Relations Court has vacated orders reinstating three Garissa County Executive Committee members who were dismissed from office in May 2015. Justice Hellen Wasilwa held that the order reinstating Idris Aden Mukhtar, Mukhtar Bulale and Salah Yakub Farah can not be sustained has relationship between the employee and employer is nonexistence. The judge upheld the submission of the County government to the effect that reinstating CAC could amount to imposing an employee to unwilling employer. Garissa County government lawyer Steven Mogaka, submitted that the order obtained by the three sacked CAC could have not been issued at the ex-prate stage. The court ought to have given the county government an opportunity to present its case against the trio, the lawyer said. Mr Mogaka revealed to the court that the county government did not act maliciously in dismissing the CAC, saying Mr Mukhtar and Farah were dismissed after they failed to explain to the county government over the travel to Israel and Italy without authorization from the employer. He told the court that Mr Buale was removed from office after he refused to give an explanation over the delay in advancement of a water project proposed by the county government to the resident of Garissa, causing the inhabitant to to use muddy water for drinking which is considered dangerous to their health. Mr Mogaka after demonstrated to the court that, the order to reinstate the CAC was invariably held the same should have been issued upon hearing all parties and just determination made. ” Reinstatement of an employee is a substantive remedy not temporary relief the law does not contemplate that reinstatement issues as a provisional measure its a remedy that should normally be granted upon the full hearing of the employer and employee ‘s case”he submitted. The court heard that sacked CAC had not established a good case since they had been informed of their allegation leveled against them but neglected to appear to explain their side of the story. The county government has since restructured its ministries by reducing them from eleven to seven in a move aimed at reducing expenditures on the county finance, A document seen by the press the county government has made appointment of Hajir Mohmmed Dahiye CAC for Agriculture, Livestock, Fisheries and Irrigation, Mr Mohammed Aden Noor will be in-charge of water, Environment and natural Resources, Abdihakim Sheikh Dayb, Fianace, Economic, Planning Revenue, Trade and County Affairs, Halima Mohammed Haji, Culture, Youth and Sports, Mr Ahmed Aden, Roads, Transport, Public Works, lands, Housing and Physical planing and Hubi Hussein will be in- charge of Health.

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