Miguna sues State over suspension

By Evelyn Kwamboka

Suspended Prime Minister Raila Odinga’s advisor on coalition affairs has now moved to court to challenge his removal from office.

Mr Miguna Miguna, who was shown the door and his security detail including salary and allowances withdrawn, claims PS Mohammed Isahakia’s action was illegal.

Miguna Miguna was suspended as Prime Minister Raila Odinga’s Coalition Affairs Advisor on August 4 over allegations of gross misconduct. [PHOTO: FILE/STANDARD]

He said only an authorised officer has the powers to suspend him from office.

"The PS is not my appointing authority. He is also not my supervisor. According to the strategic plan and organoram of the Office of the Prime Minister, I report directly to the PM and not the PS," he claimed.

It is his case that the suspension letter does not provide any ‘grounds known to law’.

High Court judge Nicholas Ombijah Thursday certified the case urgent and ordered Miguna’s advocate, Mr Havi Nelson to serve the PS and Attorney General with the suit papers.

This was after the lawyer informed the court that the decision being challenged by his client took place when the court was on vacation.

The judge directed the matter to be heard inter partes on August 24, before the duty judge.

Miguna is seeking interim orders to stop implementation or enforcement of the suspension of his salary, allowances and benefits, pending hearing and determination of the case challenging the August 4 decision.

He also wants the court to allow him to file a Judicial Review application to compel the PS and AG to pay him his salary, allowances and restore benefits due to him.

Miguna is further seeking orders to quash the PS’s decision to suspend him.

Since March 6, 2009 when he was appointed, Miguna has been carrying home a total of Sh599,600 and a comprehensive medical cover for himself, wife and five children.

In his appointment letter that was signed by Head of Public Service Francis Muthaura on March 6, 2009, he was to get a basic salary of Sh254,000, Sh80,000 house allowance, Sh100,000 entertainment allowance, Sh100,000 extraneous allowance and Sh15,600 domestic staff allowance.

Withdrawn

The package included 30 days annual leave including Sh50,000 as allowance and one chauffer driven car for official use.

The PS suspended him while he was on leave, on August 4, over alleged gross misconduct.

Miguna claims to have learnt of his suspension through the media and friends.

"Instead of inviting me to return from vacation and issuing me with a warning or suspension letter in a humane and dignified manner, the PS released or leaked the letter to the media more than 24 hours before he delivered it to me," he claimed.

He said in the suit that the PS’s decision to withdraw the money and benefits has denied his family a livelihood, medical care and security, despite the nature of his work.

"Even if the suspension was deemed to be an interdiction, I would still be entitled to not less than half of my salary, full allowances and benefits pending a decision on the outcome of the investigations surrounding any such interdiction," he claimed.