Eight sue EACC for wrongful dismissal

Ethics and Anti-Corruption Commission vice-chair Irene Keino and CEO Halakhe Waqo, who have been named as respondents in the case, alongside deputy chief executive Michael Mubea and the Attorney General. PHOTO | ANTHONY OMUYA | FILE

What you need to know:

  • The eight filed their case in the Industrial Court on November 4, 2013 before Lady Justice Linnet Ngume
  • They have sued EACC (first respondent), Attorney-General (second respondent), commission vice-chairpersons Irene Keino and Jane Onsongo (first and second interested parties), CEO Halakhe Waqo (third interested party) and Deputy CEO Michael Mubea (fourth interested party)

Eight former staff members of the Ethics and Anti-Corruption Commission who lost their jobs last year after vetting have sued for more than Sh600 million, citing wrongful dismissal.

The forensic investigators, prevention officer, senior attorney, procurement officers, a report centre officer and a storekeeper were dismissed after the vetting process that was part of the transition in 2011 from the Kenya Anti-Corruption Commission to the current EACC.

The vetting started in February last year as provided for under Section 34 of the EACC Act, according to which any person to be appointed to the commission must undergo vetting to determine suitability. Sixty-three members of staff were taken through the process.

The eight Nicholas Mtwaruchiu, Peter Moffat, Kimwele Muneeni, Enock Nguthu, Samuel Wanjere, Francis Mwaniki, Johnstone Chepkwony and Fredrick Chabari filed their case in the Industrial Court on November 4, 2013 before Lady Justice Linnet Ngume. The case comes up for hearing on June 18.

Mr Mtwaruchiu is seeking Sh43.7 million being 12 months’ salary for unfair termination, unpaid salary for the lower retirement age, unpaid leave allowance until retirement, unpaid medical cover until retirement, underpaid five leave days, underpaid three months’ salary and unpaid employer’s contribution to the National Social Security Fund until retirement.

Mr Moffat is seeking Sh68.04 million, Mr Muneeni (Sh108.1 million), Mr Nguthu (Sh88.9 million), Mr Wanjere (Sh128.5 million), Mr Mwaniki (Sh70.7 million), Mr Chepkwony (Sh16.55 million) and Mr Chabari (Sh87.77 million).

They have sued EACC (first respondent), Attorney-General (second respondent), commission vice-chairpersons Irene Keino and Jane Onsongo (first and second interested parties), CEO Halakhe Waqo (third interested party) and Deputy CEO Michael Mubea (fourth interested party).

In the affidavit sworn by Mr Muneeni on behalf of his co-petitioners, the former employees allege that they were targeted by Ms Keino and Mr Mubea “who may be protecting some outsiders who were under investigation on land corruption matters”.

“It is clear that [Ms Keino and Mr Mubea] exhibit a conflict of interest in the discharge of their duties at the commission,” the petitioners say in the affidavit.

Furthermore, they allege that they were sacked to stop them from raising queries about illegal activities at the commission, including skewed recruitment.

The officers are also demanding the compensation on grounds that they were dismissed on untested accusations.

UNTESTED ACCUSATIONS

“The reasons for the decision reached by the vetting panel were not communicated to us, which convinces us that there was no valid reason for the termination of our employment, apart from personal vendettas which, in turn, contravened, in our view, some of the key national values and principles of governance under Article 10 of the Constitution,” they say in court documents.

The petitioners also add: “As proof that they had predetermined our fate, one person actually received a termination letter dated earlier than the date he was vetted.”

They also allege that Mr Waqo and Mr Mubea were in office illegally and could, therefore, not effect their dismissal.