State ordered to pay ex-army chiefs Sh60m
What you need to know:
- Despite the audit exonerating them, they were accused of various offences under the Armed Forces Act, including negligence and disobedience.
- Maj-Gen Sasia told the court that he confronted his boss on why he was not being asked to explain himself, but he was told that his account would be sought when necessary. But on November 12, 2010, he was summoned and told he had a case to answer and ordered to resign.
Two former military officers are to be paid Sh60 million for being unlawfully forced to resign.
A court ordered the government to pay Major-General (rtd) Enoch Sasia Sh40 million and Lieutenant-Colonel (rtd) Barnabas Rono Sh20 million in damages.
This was after the Employment and Labour Relations Court dismissed the Attorney-General’s bid to block the award, which was made on November 18, 2014.
In the Monday ruling, the court held that the two officers were forced to resign without being given a chance to be heard.
That was after an audit was conducted into an overpayment of Sh32 million to a logistics company that the Kenya Air Force had contracted, the court was told.
NEGLIGENCE AND DISOBEDIENCE
Despite the audit exonerating them, they were accused of various offences under the Armed Forces Act, including negligence and disobedience.
The court heard that the charges were preceded by investigations in which they were not given a hearing.
Maj-Gen Sasia told the court that he confronted his boss on why he was not being asked to explain himself, but he was told that his account would be sought when necessary. But on November 12, 2010, he was summoned and told he had a case to answer and ordered to resign.
Facing the possibility of a court martial convened by a person who had “a predetermined mindset” that he was guilty and a jail term under an unlawful process, he resigned on November 16, 2010, he told the court.
For Lt-Col Rono, he was informed that a decision had been made for him to resign. He was given a pen and a paper to draft his resignation letter, which he signed on November 16, 2010.
