Miguna loses suspension case

Miguna Miguna has lost a case challenging his suspension as Prime Minister Raila Odinga's advisor on coalition matters December 15, 2011. FILE

Miguna Miguna has lost a case challenging his suspension as Prime Minister Raila Odinga's advisor on coalition matters.

Mr Miguna, who was kicked out of office in August for "gross misconduct", moved to court to fight the suspension.

However, on Thursday the High Court dismissed the case and directed that he face disciplinary action.

He was suspended without pay in a letter from the Permanent Secretary in the PM's office Mohammed Isahakia.

“I have been instructed by the Prime Minister that you be and are hereby suspended from performing the duties as the Advisor, Coalition Affairs with immediate effect for gross misconduct. While on suspension, you will not be entitled to any salary until your case is finalised," read the letter.

Mr Miguna refused to go quietly.

He sued the Attorney-General and Dr Isahakia, demanding at least half of his Sh584,000 a month salary plus allowances and reinstatement of his family medical cover as a first step. (READ: Miguna fights back in job dispute)

Mr Miguna also wanted the High Court to lift the suspension.

He asked the court to compel Dr Isahakia to reinstate his salary, allowances and benefits, which were stopped when he was sent home on August 4 over gross misconduct.

He was earning a basic monthly salary of Sh254,000, a house allowance of Sh80,000, entertainment allowance of Sh100,000, extraneous allowance of Sh100,000 per month and a Sh50,000 leave allowance.

Mr Miguna  wanted the court to restore the comprehensive medical cover for his wife and five children, an official driver, armed body guard and security at his house in Nairobi.

In the suit, he argued that Dr Isahakia and then AG Amos Wako had no power to suspend him because he was a presidential appointee.

He said he could only be suspended from public office if he is convicted of a serious criminal offence or if there are pending proceedings for his dismissal.

The decision to suspend him, he claims, was made arbitrarily and should be nullified.