Unending supremacy wars at NLC even as officials’ terms coming to end
What you need to know:
Two weeks ago the chairman sued his deputy for taking over his duties — unlawfully calling meetings, issuing directives and memos and making decisions “as though she is the one in charge of the land commission.”
In December last year, Mrs Mbagaya accused acting CEO Kuria of illegally changing employment terms of some staff members.
Even with less than one month to the end of the term of the commissioners of the National Land Commission on February 19, the vicious turf wars and supremacy battles at the lands institution are far from abating.
The latest flashpoint is in regard to an intriguing case in which the embattled chairman, Dr Muhammad Swazuri, struck an out-of-court settlement with three former directors for them to return to work.
NLC acting Chief Executive Officer David Kuria was this week served with a court order requiring him to re-admit the three former senior employees — Dr Salome Munubi, Dr Fibian Lukalo and Francis Mugo — on permanent and pensionable terms.
“A declaration be and hereby is issued that the petitioners and fellow directors shall remain permanent and pensionable employees of the National Land Commission,” reads the consent which was entered on January 24 before the deputy registrar of the Employment and Labour Relations Court in Nairobi.
Furthermore, the letter stated: “A declaration be and is hereby issued that subjecting the 2nd petitioner (Dr Lukalo) to disciplinary proceedings in a bid to force her to accept contractual terms of employment is unfair and illegal.”
UNLAWFULLY
Surprisingly, the NLC vice-chairperson Abigael Mbagaya told the Sunday Nation that the commission is “shocked” by the order since NLC was not party to the suit.
“Yes, we received the order and we are still studying it,” she said. “We have asked our legal department to look at it. But I can confirm to you that neither the CEO nor the commission is aware of the case. There was no resolution by the commission mandating the chairman to enter any consent on behalf of NLC. Nonetheless, we shall sit down as the commission to deliberate over this matter and inform the public on the way forward.”
On Friday, she instructed the Acting CEO not to implement the order until the commission has sought the professional advice of the Federation of Kenya Employers (FKE).
Dr Swazuri and Mrs Mbagaya have been engaged in supremacy battles for years now. Two weeks ago the chairman sued his deputy for taking over his duties — unlawfully calling meetings, issuing directives and memos and making decisions “as though she is the one in charge of the land commission.”
He claimed in court papers that her conduct has interfered with the commission's operations, triggered institutional chaos, and continues to expose the commission to liability.
This week’s surprise court settlement marks another twist in the tale of the directors whose contracts were allegedly altered by the secretariat without the approval of the commissioners.
In December last year, Mrs Mbagaya accused acting CEO Kuria of illegally changing employment terms of some staff members.
“It has come to the attention of the commission that letters to convert directors of the commission from the contract to permanent and pensionable terms of employment were issued to them against the decision of the commission.”
In a memo, Mrs Mbagaya directed Mr Kuria to withdraw letters of appointment that were issued to all directors. “The commission has decided that all directors are put on contract as per the early terms. The purpose of this memo is to inform you of the new development and also ask you to be patient as the commission rolls out this decision,” Kuria’s memo dated December 4, 2018, reads in part.
COMPENSATION
The contracts of the three directors have expired — Dr Lukalo’s in August last year, while Dr Munubi’s and Mr Mugo’s in December.
Dr Munubi was the director valuation and taxation; Mr Mugo was in charge of finance, while Dr Lukalo was the director of research, training and advocacy at the commission.
According to documents seen by the Sunday Nation, the three directors filed the case against Dr Swazuri on January 14 upon which they began deliberations leading to this week’s contested out-of-court settlement.
Dr Swazuri was charged last August together with Dr Munubi and Mr Mugo in connection with a Sh221 million land compensation scam for the Standard Gauge Railway project.
As a result of the case, Dr Swazuri has been unable to call and chair meetings of the lands board since nearly all the commissioners are lined up as prosecution witnesses against him.
The commissioners lined up to take the stand against him include Ms Mbagaya and Commissioners Abdulkadir Khalif, Clement Lenachuru, Emma Njogu, Rose Musyoka, Silas Kinoti and Tomiik Konyimbih. Only commissioner Samuel Tororei will not take the stand against him.
Other senior NLC staff set to testify against their boss are Acting Director of Finance Bernard Cherutich, and Acting Director of Legal Affairs Brian Ikol.
