Employers have a right to stop paying workers who refuse to go for Covid-19 vaccines, the Labour court has ruled.
Justice James Rika said employers are justified to stop paying salaries and benefits in instances where public officers have deliberately refused to get vaccinated and instead opted to work from home.
This, he says, is a fair labour practice to encourage compliance among public officers and the public at large.
“Denial of access to office, for the unvaccinated is a common method of encouraging compliance among public officers and the public. Withdrawal of salary and other benefits, in a situation where public officers are found to have deliberately avoided vaccine and opted to stay or ‘work’ at home, could be justified under Section 19 of the Employment Act,” ruled Justice Rika.
He continued: “The court does not see the directive as being in violation of fair labour practice, or fair administrative actions, rights.”
The case was filed by Clement Koigi and Kenya Catholic Doctors Association following a memo by Head of Public Service Joseph Kinyua directive that all public officers should take a jab by August 23, 2021.
Dr Kinyua further directed that failure to take the jab would be treated as a disciplinary case with sanctions.
The applicants argued that it is unfair to peg mandatory vaccination to employee rights such as salaries.
The court heard that Kenyans should not be forced to take vaccines that are likely to have serious side effects.
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