Court order National Industrial Training Authority to pay its former Director Sh27.6 Million

The Employment and Labour Relations Court has ordered the National Industrial Training Authority (NITA) to pay its former director-general Sh27.6 million for unfair dismissal.

Paul Kipsang Kosgei had sued NITA and the Chairperson Kamau Gachigi. The Ministry of Labour and Social Services Cabinet Secretary was also named as an interested party in the case.

Mr Kosgei was appointed NITA Director-General for a term of five years commencing April 14, 2014. The contract provided for a renewal. The terms of the renewal required one to make a written request at least six months before expiry date of the contract.

In a letter dated October 12, 2018, Kosgei wrote to the chair of NITA seeking renewal of his contract.

NITA’s 63rd board meeting held on March 19, 2019, resolved to renew Kosgei’s contract for a second term of five years.

In a letter dated March 25, 2019, Dr Gachigi wrote to the Ministry of Labour and Social Services CS seeking concurrence with the resolution of the Board to renew the appointment of the petitioner for a second term of five years.

The chairperson wrote to Kosgei on April 10, 2019, saying the CS had instructed that audit reports, including a systems audit performed by Treasury, be tabled before the board for consideration before a final decision was made. But in a strange turn of events, Gachigi wrote to the petitioner advising him that his term would expire on April 10, 2019, and that he would be asking the ministry to appoint an acting director general, whose term would commence the next day, the April 11, 2019.

Kosgei, in a letter dated April 12, 2019, protested the decision, saying the board had already decided on his reappointment and the turn of events was a violation of his rights to fair labour practice.

Further, he pointed out that his term was not expiring on April 10, but on April 13, 2019. The NITA chairperson went ahead to appoint Stephen Ogenga as acting director general on April 15, 2019. Aggrieved by the turn of events, Kosgei filed a suit. He sought, among other orders, general damages for violation of his fundamental rights.

Gachigi said the petitioner’s affidavit had blatant lies, contradiction, fabrications and material non-disclosure calculated to mislead the court. He said Kosgei’s contract, which commenced on April 11, 2014, ended on April 14, 2019. 

The chair argued that even though the board resolved to renew Kosgei’s contract at the meeting held on March 19, 2019, the 64th board meeting on April 18, 2019 unanimously decided to revoke the same.

The court found that Kosgei’s rights were violated. “It is my finding that the petitioner (Kosgei) has established that the respondents and interested party (NITA and the ministry) violated the legitimate expectation of the petitioner,” read the judgement by Justice Maureen Onyango.

Justice Onyango noted that Kosgei established that the respondents and NITA relied on non-existent reports and on the systems audit report, which had not been presented to him to respond to before the decision to revoke the renewal of his appointment was made.

The judge said it was obvious Gachigi singlehandedly choreographed the revocation of renewal of Kosgei’s contract. He was ordered to pay cost of the suit.