A view shows the Judiciary entrance of the Supreme Court building in Nairobi, Kenya/ REUTERS

NAIROBI, Kenya Mar 11- The Labour Relations Court has ordered the Judiciary to confirm a senior official as the head of finance after serving in acting capacity for over five years.

The court also found that the official, Susan Oyatsi, was being discriminated against by her male colleagues who were appointed to act in their respective positions at the Judiciary but were promptly confirmed officially leaving her behind.

In the judgment passed by Justice Mathew Nduma, the court declared that Oyatsi is deemed to have been lawfully appointed to the position of director finance of the Judiciary since May 2018 when her acting period expired.

The court also directed the Judicial Service Commission (JSC) to pay her Sh13.3 million salary underpayments from May 2, 2018, to date.

“A declaration is issued that JSC violated Ms. Oyatsi’s rights under the Constitution. She is deemed to have been lawfully appointed to the position of Director Finance of the Judiciary upon expiry of 18 months from the date of appointment in an acting capacity on December 2, 2016,” said Justice Nduma.

The court further ruled that the actions of the JSC to the official, such as interviewing her twice and failing to offer her the job substantively, degraded her human dignity by the fact of being subjected to undignified work conditions as compared to her peers.

According to the court, the cumulative effects of the acts of commission and omission by the JSC towards Oyatsi also had a false narrative being sent out impliedly that she was incompetent and not deserving of the position.

“She suffered and endured less remuneration as her counterparts which in itself is a humiliating and aggravating factor in this case,” said the judge.

The court also found that Oyatsi was discriminated against by her two male peers.