Ex-county official claims Sh15m pay from water firm

Stephen Mbugua Chege an engineer and former director of commercial services at the Nairobi City Water and Sewerage Company is seeking to be paid Sh15 million backdated salary and allowances from when his services were unfairly terminated. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Stephen Mbugua wants to be paid Sh15 million backdated salary and allowances when his services were unfairly terminated.
  • The Labour Court in 2017 ruled he be reinstated to his position as the Director of Commercial Services.
  • NCWSC says he never reported to work until more than a year later.
  • The firm claims Mr Mbugua was at the time serving in Nyandarua County as Transport, Energy and Public Works County Executive Committee Member.

An engineer is seeking Sh15 million in backdated salary and allowances from the Nairobi City Water and Sewerage Company (NCWSC), accusing it of unfair termination of employment.

But the water supplier, which is fighting off the demand, says in court papers that it had reinstated Eng Stephen Mbugua Chege to his position as the Director of Commercial Services, as directed by the Labour Court, but he never reported to work until more than a year later.

The reinstatement was to take effect on November 13, 2017 when the judgement was delivered.

NO-SHOW

NCWSC says it served him with a letter on November 17, 2017 informing him that he had been reinstated and his salary, benefits and allowances backdated.

Mr Mbugua, however, failed to take up the duties allocated to him by the NCWSC acting managing director, the firm says.

“Mr Mbugua reported to work on November 14, 2017 and was allocated duties but did not return to work thereafter,” states the water company.

He resumed work on March 11, 2019, the firm adds.

According to the firm, prior to the reinstatement judgement, Mr Mbugua had another job at Nyandarua County as the Transport, Energy and Public Works County Executive Committee Member.

“It therefore became patently clear that he failed to report to work because he had secured another job even before the judge delivered the ruling on November 13,” NCWSC says.

In his stead, NCWSC opted to procure the services of Ms Rachel Ngethe as the acting Director of Commercial Services.

UNJUST ENRICHMENT

The firm argues that the demand to be paid Sh15,976,579 without working for the company would amount to an illegality and unjust enrichment.

“NCWSC having reinstated Mr Mbugua to his previous position, we clearly complied with the order,” it says in the court papers.

The constitution at Article 77(1) bars Mr Mbugua who was a full state officer from engaging in other gainful employment elsewhere.

“It is evident that Mr Mbugua was employed in Nyandarua County and was earning an income during the intervening period. In view of this, we urge this court to dismiss the application,” NCWSC in court papers.

A ruling will be delivered on October 25.