Governor ordered to pay sacked officials in suit

Garissa Governor Nathif Jama {Photo Courtesy}

Governor Nathif Jama has suffered a blow after a court ruled that he unlawfully terminated the employment of three senior officials.

The Employment and Labour Relations Court ordered the county boss to pay his former County Executive Committee (CEC) members for the two years they have been in the cold.

Lady Justice Hellen Wasilwa said the governor had violated the labour laws and the Constitution as well as going against sections 31 and 40 of the County Government Act and Section 47 and 50 of the Constitution.

"There was a violation of law and abuse of office in the process of that termination," said Justice Wasilwa.

The judge ruled that the CECs were unfairly sacked and directed that all their dues, including salaries, compensation, gratuities, leave notices and other allowances for a period of 24 months be paid with immediate effect.

She also directed that the county government pays the cost of the suit as had been requested by the three former county employees - Muktar Bulale (Water), Salah Yakub (Environment) and Idriss Muktar (Trade).

DELAY TACTICS

However, the judge ruled that the CECs should not get their jobs back. The governor, through lawyer Abdullahi Ahmednasir said he would appeal against the court verdict. The CECs were represented by Muma and Kanjama Advocates.

The three former employees had contested the termination of their employment, saying it was unlawful.

During the hearing of the suit, the judge had protested what she said were delay tactics employed by the county government.

She at one point ordered all witnesses who were scheduled to testify to appear in court without fail.

The court summoned 10 officials of the county government to testify on alleged wrongful dismissal of the three executives.

Those summoned included County Secretary Mohamed Mursal, Communications Director and County Spokesman Abdikadir Sugow, two CECs, three chief officers and three directors.

A director in the department of water, Ahmed Aden said there was no water policy at the county government, although policy issues were handled by the national government.