Court freezes EACC recruitments as sacked official contests move

Mumo Matemu PHOTO: COURTESY

Kenya: The Ethics and Anti-Corruption Commission (EACC) has been restrained from appointing deputy directors for regional offices after an employee who had been shortlisted but later sacked moved to court to challenge the appointments.

High Court Judge Mumbi Ngugi ordered EACC to halt the recruitment until the case filed by Henry Morara Angwenyi is heard and determined.

Morara had asked the High Court to reinstate him after being dismissed on allegations of leaking confidential information, including e-mail conversation, to the Law Society of Kenya (LSK).

Before his dismissal, Morara had been shortlisted and interviewed for appointment as one of the 10 regional directors, and now fears that the positions may be filled.

Justice Ngugi set the hearing date for August 7. Morara has sued EACC, its chair Mumo Matemu and the commissioners for wrongful dismissal.

EACC summarily dismissed Morara on grounds of gross misconduct.

The petitioner, through Harun Ndubi, has also sued the Director of Criminal Investigations Department for aiding EACC to deny him his right to a fair hearing before being dismissed.

Morara told the court that on July 21, 2014, the EACC and CID jointly lied to the Chief Magistrates Court in Milimani, Nairobi, that he had gained unauthorised access to computer data contrary to Section 83 of the Kenya Information and Communication Act, and had threatened to kill.

Ndubi told the court that EACC failed to inform his client the evidence on accusations against him.

The anti-graft agency is accused of taping Morara's telephone conversations, through the aid of CID, and recorded his private communications without lawful cause.

EACC dismissal letter accused Morara of circulating contents of an e-mail that were false, malicious, and intended to injure the reputation of the commission.

But the petitioner said the contents of the said e-mails have never been made available to him and he does not own the e-mail address claimed to have been used.