Court invalidates the dismissal of 4 Mandera county executives » Capital News

NAIROBI, Kenya Apr 30 – The Employment and Labour court has nullified the dismissal of 4 Mandera County Executives by Governor Ali Roba citing the breach of their constitutional rights and infringement of the Fair Administrative Action Act.

Abdiaziz Sheikh Maad, Shamsa Mohammed Haji and Johora Mohamed Abdi, the County Executive Committee Members in charge of  Investment, Industrialization and Cooperatives development; Social Services, and Agriculture, Livestock and Fisheries dockets respectively as well as Hassan Mohamed Ahmed, the County Chief Officer of medical services will now be paid damages should Roba fail to reinstate them within thirty days.

“If the respondents chose to the option of paying damages as opposed to reinstatement, the following directions shall be adhered to as conditions precedent thereto: – (b) The respondent shall indicate that choice within 30 days from the date of this judgment. (c) Thereafter the respondents shall compute and pay damages within 90 days from the date of this
judgment,” the court ruled.

A judgement delivered by Justice Onesmus Makau on Wednesday further restrained Governor Roba from advertising the vacant positions occupied by the four appellants until the orders are complied with. 

“Until the respondents pay all the rightful dues to the petitioners, the vacancies caused by the impugned dismissal shall not be filled by other persons,” part of the judgement issued read.

“The Petitioners have proved among others, that their right to fair administrative action under
article 47 of the Constitution and amplified by section 4 of the Fair Administrative Action Act was infringed,” Justice Makau ruled.

Governor Roba has been prohibited from appointing any new nominee for approval by the Mandera County Assembly.

In their petition, the CEC Members accused the Governor of prematurely dismissing them from service without any justification, and in a manner that was disrespectful and degrading.

They further claimed that the dismissal was without sufficient reasons and that they were not afforded a fair hearing or an opportunity to defend themselves.

“The petitioners averred that the Respondents arbitrarily dismissed them, barred them access to the office and the 1 st respondent denied them audience; that the reasons cited in the dismissal letters were new to them and they were not true as all the material to exonerate them are in the office,” the judge noted.

Governor Roba had accused the CEC Members of failing to perform duties.

Maad was accused of failing to facilitate investigations into staff payroll mismanagement and issue a full report despite being issued a warning letter on the same.

“The 1st Respondent exercised his power under section 31 (a) of the County Government Act and clauses 2.2, 5 (e) and 13 (a) of the contract and terminated the Petitioners’ contracts upon expiry of 30 days’ leave granted,” Roba’s counsel argued.

Maad’s legal team however told the court the warning letter issued by Governor Roba was effectively terminated after the county chief renewed the petitioners contract, a position the court concurred with.

“I agree with the 1st Petitioner that the warning letter issued to him on 20th March 2018 before he signed the new contract on 25th July 2018 is not a valid ground for dismissal because the 1st respondent waived it when he issued him with a new contract,” Justice Makau detailed.