Former Ethics and Anti-Corruption Commission (EACC) CEO Jane Wanja Muthaura has been compensated Ksh.10.2 million by the Employment and Labour Relations Court for unlawful and unfair termination of her contract eight years ago.
In his ruling, Justice James Rika found that Ms Muthaura was not only subjected to a humiliating demotion before being fired but was also sacked without any allegations or a letter to show cause.
“This was not only irrational but humiliating to Ms Muthaura, to be placed under an officer junior to her, from the lofty position of acting CEO and Coordinator finance and administration,” said the judge.
The court said that by putting an end to her contract in March 2013, there were neither charges nor disciplinary hearings and findings of any misconduct.
Justice James Rika said the replacement of Ms Muthaura was illegal because, on December 3, 2012, the court had directed that she be sworn in as the Acting CEO, in accordance with the Constitution.
“The Commissioners disregarded the court order and appointed their own Acting CEO Abdi Ahmed Mohamud. Mohamud acted for about one month. The substantive CEO was appointed on January 21, 2013, and terminated Ms Muthaura’s contract on March 28 same year, ” said the judge.
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The Labour Court dismissed the EACC’s claim for a refund of Ksh.3 million which was paid to Ms Muthaura as special duty allowances at the time she was holding the position.
In Kenya a law allowing employers to kick out employees under probation without explaining why they are dismissing them is unconstitutional.
It was noted that at the time of terminating her contract, EACC was taking a shape from the Kenya Anti-Corruption Commission to the Ethics and Anti-corruption Commission.
The court further revealed, the Commission’s Senior Human Resources Officer Mohammed Doo had on February 1, 2012, written to Ms Muthaura advising that she was entitled to acting and special duty allowances under the Governance Manual despite the Auditor-General for the year ended June 2013 termed the allowances as irregular.
Additionally, the judge found that upon the appointment of Irene Keino and Prof. Jane Onsongo as new commissioners, Ms Muthaura was acting CEO, acting coordinator finance and administration and substantively principal officer finance and administration as of September 27, 2012.
After the two commissioners assumed office, it was noted that Irene Keino and Prof Jane Onsongo deprived Ms Muthaura of the role of coordinator and handed it over to Paul Wambua, who substantively was an accountant under her.
