State officers have a reason to smile as the Public Service Commission has directed all state agencies to compensate their sacked employees all their accrued wages and terminal benefits.

The directive by the Public Service Commission is in tandem with a landmark ruling made by the Employment and Labour Relations Court.

“The courts have further guided that entitlement to pension, gratuity or any social benefit is a right to property within the meaning of Article 40 of the constitution,” he said.

In this case, the employment and Labour court noted that withholding the benefits owed to dismissed employees contravened Article 41(1)and (2)(b) on fair Labour practices and working conditions.

Before this ruling, all government employees whose services were duly terminated were denied all accrued benefits during the period of employment in accordance with Service Commissions Act, CAP 185.

The compensation will include pension and other work-related benefits.

Pensions Act Section 5(2) had given the Kenyan government arbitrary power to dismiss members of staff and forfeit payment of their dues.

The full compensation shall be done regardless of the reason for exit or termination of the work contract.

For example, employees were sacked for gross misconduct, negligence, and forgery of academic certificates.

The mandate of the public service commission includes;

•Establishment and abolition of offices

•Provision of competent human resource 

•Promotion of good governance and ensuring efficiency and effectiveness in the provision of quality services in the public service 

•Exercise disciplinary control or remove persons holding those offices.

•Protect public officers against victimization and discrimination while discharging their duties.

•Investigate, monitor and evaluate the organization, administration and personnel practices of the public service

•Review and make recommendations to the national government in respect of conditions of service, code of conduct, and qualifications of officers in the public service.