Miguna fights back in job dispute

Former Prime Minister Raila Odinga's advisor on coalition affairs Miguna Miguna has moved to court to challenge his suspension August 11, 2011. FILE

Prime Minister Raila Odinga’s advisor on coalition matters Miguna Miguna has challenged his suspension in court.

He has sued Attorney-General Amos Wako and the permanent secretary in the Office of the Prime Minister, Dr Mohammed 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.

Mr Miguna also wants the High Court to lift the suspension. (Read: Raila kicks out key aide)

He is asking 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 also wants 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.

The officer says he is entitled to not less than half of his salary, full allowances and benefits pending the outcome of the case against him.

Personal belongings

He claims to have been locked out of his office and cannot access personal belongings.

Mr Miguna says his life has been exposed to risk due to the nature of his office.

In a suit filed at the High Court in Nairobi through lawyer Nelson Havi, Mr Miguna argues that Dr Isahakia and Mr Wako had no power to suspend him because he was a presidential appointee.

He says he can 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.

He argues that Dr Isahakia did not give him a warning letter detailing the claims against him or given a chance to defend himself.

He accuses the PS of leaking his suspension letter to the media more than 24 hours before it was delivered to him, instead of recalling him from leave and giving him the letter in a dignified and humane manner.

The officer says he learnt of his suspension from journalists while attending an ODM strategic workshop in Naivasha.

He accuses the PS of indirectly authorising third parties to make disparaging comments about him and purport to give reasons for the suspension.

The case was certified urgent by High Court judge Nicholas Ombija, who directed that the case documents be served on the PS and the AG.

The hearing starts on August 24.