How bogus suspension of KFS staff ended up costing taxpayers Sh4m

Kenya Forest Service chairman Peter Kinyua (left) and board member, Dr Ben Gakahu. [Jonah Onyango, Standard]

Two senior forestry officials have been awarded Sh2 million each after a sham suspension.

High Court judge Onesmus Makau also allowed Kenya Forest Service (KFS) Head of Legal Service Esther Kiege and Head of Supply Chain Management Victor Kobia to return to work.

The two had sued their employer after being sent home in March this year following alleged public outrage over illegal logging.

The court heard that the officials were sent on 30 days annual leave with full pay on March 14, yet the KFS management issued a public statement that they had been suspended.

Justice Makau found that the suspension through the media, late-night telephone calls and communication, ordering them to proceed on leave, were done at the behest of individuals who were demanding answers for the massive destruction of forests.

“All the foregoing matters smack of unfair labour practice and victimisation being done by the second respondent to the petitioners; to please undisclosed quarters which were exerting pressure on him,” he ruled.

On March 12, Ms Kiege got a call from her boss, KFS chairman Peter Kinyua, who told her that external pressure was mounting in relation to the destruction of forests.

He ordered that she should not report to work the following morning. Mr Kinyua made a similar call to Mr Kobia.

Denied entry

But Kiege and Kobia defied the directive and reported to work at 8am the next day only to be denied entry into the Kiambu Road-based agency by security guards manning the main gate.

After some hours, the court heard, they got wind of media alerts that they had allegedly been suspended by the KFS board and one Monicah Kahenda had been appointed as the acting chief conservator.

On the morning of March 14, they both received similar emails from Kinyua, saying that the board had decided that they should proceed on annual leave to pave way for investigations.

Curiously, the chairman also informed them that they would continue receiving their full salaries and other benefits.

“The board at its meeting on 13.3.2018, resolved to send you on thirty days annual leave with effect from 13.3.2018 to pave way for investigation. Meanwhile you will retain your employment terms of service as currently provided,” the emails read in part.

The law, however, is clear that suspended staff should only be paid half of their salary.

Minutes produced in court showed that on March 13, Kinyua convened a board meeting, which he chaired, where he tried to convince the members that the two should be suspended for alleged loss of forest plantations and omissions in their offices.

But the members rejected the proposal because the claims were too vague and were not supported by evidence. The minutes also indicated that the members resolved there was no link between the two offices and logging in the country.

“The committee cannot proceed with any actions, as the charges are not specific. There is no relation with the charges and the officer’s duties and responsibilities,” part of the minutes produced in court read.

The forestry agency, however, defended its action, arguing that it was done in accordance with human resources rules.