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Miguna declines job recall

Saturday December 31 2011

Miguna declines job reinstatement
Miguna Miguna while addressing the press on December 31, 2011. He has declined his job as PM's adviser on coalition matters. Photo/WILLIAM OERI
Miguna Miguna while addressing the press on December 31, 2011. He has declined his job as PM's adviser on coalition matters. Photo/WILLIAM OERI
By PETER LEFTIE [email protected]

The relationship between Prime Minister Raila Odinga and his former advisor on coalition affairs Miguna Miguna deteriorated further on Saturday amid claims of betrayal and deceit.

Mr Miguna called a press conference at his residence in the upmarket Runda neighbourhood to announce that he had declined Mr Odinga’s offer to reinstate him citing a breach of an agreement he had entered with the PM at a meeting at the Serena hotel on Tuesday afternoon.

“The statement that was released by one Caroli Omondi on behalf of the Prime Minister on December 28, 2011 – twenty four hours after our agreement – did not accurately reflect and adhere to the terms of our agreement,” Mr Miguna said.

“But even more egregiously, when I received a letter from the office of the Prime Minister, signed by a junior officer on behalf of the Permanent Secretary at 5.30 pm on December 28, 2011 but which was dated December 27, 2011, the form, content and tone was totally at variance with the agreement the Prime Minister and I had entered into in good faith. The letter was also inconsistent and contradicted the press statement released by Mr Omondi,” he added.

“In view of the foregoing, I hereby announce that by a letter dated today’s date and delivered to the Prime Minister already, I have declined to accept the decision to reinstate me on terms and conditions contained in the letter by one Abdul Mwasera, dated December 27, 2011,” he concluded.

Mr Miguna’s decision either accepting or rejecting his reinstatement had been eagerly awaited given his recent attacks on the PM.

He revealed that he had held a three-hour meeting with the PM on Tuesday in the company of a “mutual friend” to iron out their differences.

It was the PM who called him requesting for the meeting, he disclosed.

“We had a courteous, respectful, dignified, cordial and professional meeting, which when it concluded, we – the two of us alone – unanimously agreed, in good faith that the Prime Minister would make the following announcement that day, personally or through his office before he travelled to India,” Mr Miguna said.

The terms of the agreement, according to Mr Miguna included his unconditional and immediate reinstatement and the lifting of his suspension.

He would also be paid all his arrears, emoluments and accrued interest owed to him and that upon his reinstatement, he would report directly to the PM.

But according to the Chief of Staff at the PM’s office, Mr Caroli Omondi, Mr Miguna was to withdraw all pending cases he had lodged in court and that he would sign a new contract.

“How can you work for the same government you have taken to court? He was supposed to withdraw those cases,” Mr Omondi said.

“He was to sign a new contract with Mr Mwasera because the government cannot pay if you don’t have a written contract with it. His previous contract had expired. If he doesn’t want to sign a new contract, there is nothing we can do,” Mr Omondi added.

“The PM wanted to offer Miguna a soft landing in the spirit of this festive season, given that he had lost his case in court and was complaining that he has nothing to do,” Mr Omondi revealed.

Mr Miguna however maintained that he had never even discussed the issue of withdrawing the pending court cases during his meeting with the PM.

“Sir, the constitution gives everyone including state and public officers – even judges – inherent rights to seek judicial intervention in the event of a dispute, whether such dispute is with respect to labour, employment, contractual or any other legal issues between parties,” Mr Miguna stated in a protest letter he wrote to the PM after receiving his “reinstatement” letter from Mr Mwasera.

The letter reinstating Mr Miguna had accused him of indiscipline and warned him of severe disciplinary action if he failed to conduct himself well.

“Following your suspension, investigations were carried out relating to accusations levelled against you. The investigations have revealed breach of discipline on your part,” read the letter.

“However, it has been decided that you be reinstated into the service with immediate effect. This letter should equally serve as a warning to you to desist from any breach of discipline as such a breach would attract further severe disciplinary action,” the letter went on.

“Upon your reinstatement, you are required to sign Local Agreement Form G.P106 (Revised) before resumption of duty,” it added.

Mr Miguna maintained that the contents of the letter did not reflect the deliberations and agreement he entered into with the PM.