Court orders Governor to pay lawyer Sh7m

A Governor has been ordered to pay a lawyer Sh7 million pending hearing and determination of a suit challenging an award of Sh13 million by the court.

Judge Stephen Radido of the Employment and Labour Relations Court in Nakuru on Tuesday gave Narok Governor Samuel Tunai five days to deposit the money ahead of the hearing of the case.

Gordon Ogolla and Kipkoech Advocates represented one of the Narok county executive members in a case where he was challenging termination of his employment.

Agriculture Fisheries and Livestock CEC Mr Richard Birir Bwogo was represented in court by Mr Benard Kipkoech Ng’etich of Gordon Ogolla and Kipkoech Advocates firm. He was owed Sh13 million.

Mr Bwogo had been sacked by Governor Tunai under unclear circumstances and moved to court in 2014 to sue his employer and pursue his reinstatement.

The case was heard and a ruling delivered in favour of Mr Bwogo who was reinstated by the Employment and Labour Relations court sitting in Nakuru.

Last week, the court directed Governor Tunai to pay Sh13 million to Mr Ng’etich.

The Deputy Registrar Alice Towett had last week directed that the County pays Gordon Ogolla and Kipkoech Advocates a firm which successfully challenged termination of his employment.

“The court hereby directs that the County pays Sh7 million to the petitioner pending hearing of the fresh application,” Justice Radido said in the judgement delivered on Tuesday.

Mr Ngetich filed a suit seeking to recover the amount which was the bill of costs of the case.

In 2014, Justice Byram Ongaya in his ruling stated that the removal of Mr Bwogo in office was unconstitutional and unlawful and against the Employment and Labour Relations Act.

The County of Narok thereafter moved to the Court of Appeal to challenge the judgement.

A three bench Judge consisting of Justice Philip Waki, Justice Roselyn Nambuye and Justice Patrick Kiyange on December 17, 2015 dismissed the appeal.

They upheld Mr Ongaya’s judgement.

“We agree on the decision of the earlier court, and therefore we decide not to interfere with the decision of trial court and therefore the appeal is dismissed with costs” ruled the appellate judges.

It is at this point that lawyer Ng’etich moved to court and filed a respective bill of cost.

Out of the bill of cost auctioneers were instructed to recover the money.

The auctioneers from Nasioki auctioneers had started the process when the county government moved to court.