Deal with Ong’ondi spares electoral body ‘embarrassing’ labour case

What you need to know:

  • Ong’ondi was accused of incompetence.
  • He challenged his dismissal on September 2, 2014.

The Independent Electoral and Boundaries Commission has settled on out-of-court negotiations with its former director of ICT, Dismas Ong’ondi, thereby avoiding what could have been a nasty and embarrassing legal battle.

But the agreement was taken without prejudice, meaning that either party can return to court if the talks break down or if, at any stage, they are dissatisfied with the process.

Mr Ong’ondi challenged his dismissal on September 2, 2014, saying the commission “wrongfully, illegally and unfairly terminated his employment” and that at no time had he been accused of misconduct, laxity or failure to perform his duties to warrant such action.

Also, Mr Ong’ondi swore an affidavit on October 7 stating that he was never granted an opportunity to respond to the accusations against him.

Lawyer Stephen Mwenesi, for Mr Ong’ondi said in the court papers that the termination of his employment was unjustified.

The case was before Lady Justice Monica Mbaru at the Milimani Industrial Court.

THE OTHERS

He was sacked together with former deputy chief executive Wilson Shollei, finance director Edward Karisa and procurement manager Willy Gachanja Kamanga.

In challenging his dismissal, Mr Ong’ondi was demanding that the electoral commission pay him more than Sh12 million in unpaid wages and damages.

But electoral commission chairman Issack Hassan sensationally accused Mr Ong’ondi of engaging in acts of espionage and of incompetence which could have contributed to the technology failure of technology during the 2013 General Election.

“In January 2013, I received a verbal report from a senior official of the security service (understood to be the National Intelligence Service) that the claimant (Mr Ong’ondi) was suspected of trying to sell sensitive election data in collaboration with a foreign agent,” Mr Hassan states in an affidavit.

The security service, Mr Hassan added, advised the commission to secure its voter registration data by instituting several layers of checks and dual access and controls.

“The evaluation report at page 726 of the claimant’s application reveals that the claimant has failed/omitted to have the data stored in a secure manner. This is either out of sheer incompetence or, in light of the concerns raised by the security agencies, a deliberate omission to ensure vulnerability of the security of the data,” the electoral commission chairman stated in the sworn affidavit before commissioner for oaths Muciimi Mbaka.

As the court battle threatened to expose the commission’s failures at the polls, the Sunday Nation learnt that lawyers advised them to end the public spat.

The parties confirmed that the talks are yet to start but would do so “soon”.

A critical condition for the talks is that both parties retain their rights to go back to court in case of a misunderstanding in the negotiations.

The commission announced January 12 the appointment of Ezra Chiloba, a UNDP Kenya manager, as its new chief executive officer.

He takes over from Mr James Oswago, whose term expired while serving his suspension after he was charged in court with procurement irregularities.