Court orders JSC to reinstate sacked magistrate Daniel Ochenja
What you need to know:
- Mr Ochenja challenged the decision by the JSC, during Dr Willy Mutunga's term as Chief Justice, through lawyer Jason Okemwa.
- After he was fired while on leave and not made aware of the reasons, he sought to be reinstated or be paid Sh10 million in terminal dues.
- In her ruling, justice Hellen Wasilwa said Mr Ochenja was not given an opportunity to defend himself against allegations that he issued orders irregularly in a case he handled while he was the presiding magistrate.
- She further noted that he was still a legitimate and lawful holder of the rank of acting chief magistrate.
A former magistrate sacked five years ago on allegations of misconduct has bounced back to the bench following a court ruling on Friday.
The Employment and Labour Relations Court quashed a 2014 decision by the Judicial Service Commission (JSC) to fire the then acting Milimani Law Courts Chief Magistrate Daniel Ochenja.
In her ruling, justice Hellen Wasilwa said Mr Ochenja was not given an opportunity to defend himself against allegations that he issued orders irregularly in a case he handled while he was the presiding magistrate.
The judge further said the commission assigned itself powers not conferred to it when it sent the judicial officer packing.
“The petitioner had served the judiciary religiously and faithfully for 26 years only to be summarily dismissed without cogent reasons,” Justice Wasilwa noted.
“Mr Ochenja cannot work anywhere else since he devoted all his life to serving the Judiciary. I direct the JSC to reinstate him with a full salary and benefits [since 2014]."
THE RULING
Mr Ochenja challenged the decision by the JSC, during Dr Willy Mutunga's term as Chief Justice, through lawyer Jason Okemwa.
After he was fired while on leave and not made aware of the reasons, he sought to be reinstated or be paid Sh10 million in terminal dues.
Mr Ochenja was employed as a state counsel on or about November 3, 1991.
He crossed over to the Judiciary in 1993 and rose through the ranks, serving in various capacities in parts including Kericho, Iten, Mombasa, Kwale, Malindi, Mwingi and Kerugoya.
NO CONDITIONS
Mr Ochenja earned a gloss salary of ShSh297,141 and was under permanent and pensionable terms.
“I was indefinitely interdicted for 26 months without good reason, lawful justification or any due process as contemplated in the Employment Act. Such indefinite interdictions are an unfair labour practice,” he told the judge.
“I was subjected to laborious, tortuous and monotonous weekly visits to the Chief Registrar of the Judiciary (CRJ) offices [for the period]."
The judge concurred with the petitioner, saying he was still a legitimate and lawful holder of the rank of acting chief magistrate.
"A mandatory injunction is hereby issued against the JSC to unconditionally reinstate and deploy him to service without any break and loss of salary, benefits and privileges," justice Wasilwa ruled.
