The Attorney General intends to challenge a ruling by Labour Court to block Kenya Power from undertaking a lifestyle audit on its employees.
In a notice lodged by AG Kihara Kariuki’s Chief State Counsel Oscar Eredi, Kenya Power has said it is dissatisfied with the entire judgement rendered by Justice Maureen Odero.
The utility firm has filed a notice at the Court of Appeal indicating that it intends to have the whole judgement overturned.
Last month, the High Court ruled that the vetting infringes on the rights of staff, particularly the right to privacy and is also against fair labour practices.
The court noted that the process would violate the rights of third parties who were not required to give consent to Kenya Power staff in making the declaration.
The court also said that the employees were not consulted by the firm before it arrived at the process of undertaking the vetting.
“A permanent injunction is issued against the respondent (Kenya Power) from conducting the planned vetting to persons who are members of the petitioner (Ketawu),” read the ruling in part.
“The respondent is allowed to vet within the law as provided for,” it adds.
The court, however, said Kenya Power could vet its employees within the confines of the law.
The firm in November last year ordered employees to make declarations of their wealth and that of their close relations.
The utility firm had then instructed all employees to provide the details of their wealth as well as information on their associates to a team formed to undertake an audit on their lifestyles and flag any questionable or unexplained wealth.
In addition to the details of their families and close associates, the staff members had also been asked to submit details of their companies as well as firms run by their next of kin, a list of their assets, including property and cars and six-month bank statements for themselves and their spouses.
The Kenya Electrical Trades and Allied Workers’ Union (Ketawu) moved to court to stop the process, noting that the process was intrusive in asking for details of their spouses, children and parents as well as their close business associates.
It obtained temporarily court orders stopping the lifestyle audits, pending the hearing of the case.
Kenya Power had a staff headcount of 10,177 employees as of June 2021, to whom it paid Sh16.9 billion in salaries and other benefits, according to its annual report.