By Judy Ogutu

The Government does not want the High Court to lift an order suspending the pay of Prime Minister Raila Odinga’s advisor, Miguna Miguna.

In a sworn statement, Office of the Prime Minister PS Mohamed Isahakia said if such an order is granted, it will be issued in futility as what is being challenged has already been done.

“Stay of enforcement of part of the decision made suspending the applicant’s salary, allowances and withdrawing benefits due to the applicant cannot be granted as the said decision has already been implemented and or enforced,” said Dr Isahakia.

Miguna, who was the PM’s advisor on coalition affairs, was suspended on August 4 for alleged gross misconduct.

In the suit against the PS and the Attorney General, Miguna wants the court to quash the decision to suspend him.

He also wants the court to compel the respondents to continue paying his salary, allowances as well as benefits or temporarily lift an order suspending such payment.

Isahakia also argues there is a likelihood of the temporary orders being abused or misused as they may be given pending hearing and determination of the main suit.

Not convicted

“The stay orders will ensure the applicant continues in employment without hearing the respondents. The nature of stay would be against the principles of natural justice as they would finalise the issues without giving the respondents opportunity to be heard,” he says. When he filed the case last month, Miguna said he was suffering and will continue to suffer irreparable loss if the decision to suspend is not quashed.

Through lawyer Nelson Havi, he argued that he had not been convicted of any serious crime and neither were there any pending proceedings for his dismissal to warrant the total withholding of his salary, benefits and allowances.

Miguna argues that, he was on interdiction and is entitled to receive not less than half his salary and full allowances pending a decision on the outcome of investigation surrounding any such interdiction.

In response, the PS says under the Public Service Commission Regulations, says when an officer has been interdicted, he is entitled to have basic salary but where one has been suspended, he is not entitled to any pay. High Court Judge, Justice John Mwera directed them to appear in court on September 22 when they will argue whether the decision will be lifted.