Governor Wambora ordered to pay Sh1.9m to former advisor

Embu Governor Martin Wambora. A court has ordered him, the county government and county public service board to pay his former political advisor Mr Kanake Joshua Mugo Sh1.9million. FILE PHOTO | NATION MEDIA GROUP

A court has awarded former political advisor to Embu Governor Martin Wambora Sh1.9 million for withheld salaries.

Mr Kanake Joshua Mugo told Justice Byram Ongaya that he had not been paid from November 2016 to February 2017.

He sued Governor Wambora, the county government and the county public service board, demanding payment of the accrued salaries, gratuity, unpaid leave days and Certificate of service.

He was earning Sh160,270 per month.

The respondents had urged the court to dismiss Mr Mugo’s memorandum of claim.

CONTEST

The court heard that the respondents stopped Mr Mugo’s monthly payments in November 2016.

Mr Mugo resigned from the employment in February, 2017 to contest for the county’s Senatorial seat in the upcoming polls on a Maendeleo Chap Chap party.

The resignation was in accordance with the provisions of the Elections Act, 2012 requiring public officers wishing to compete for elective posts to resign from the public office.

They said Mr Mugo was never terminated from employment and was not affected by a reshuffle conducted in September, 2016.

Further, a notice to show cause had been issued to Mr Mugo to show-cause why disciplinary action should not be taken against him for absconding work.

RESIGN

Mr Mugo on his part said he continued to work as an advisor to the governor until the date of his resignation.

“The evidence was that the claimant’s work was a personal service to the governor and he was never dismissed at all material times. The court finds that the claimant remained at work until he resigned from the employment,” said Justice Ongaya.

The court awarded him Sh520,878 being the withheld and unpaid salary for the period and Sh30,000 for unpaid leave days.

Mr Mugo was also awarded Sh1,379,497 for gratuity while the court directed the respondents to make the payments by September 1.

The court also directed the respondents to issue Mr Mugo with to a certificate of service as per section 51 of the Employment Act 2007.