Integrity Centre the headquarter of Ethics and Anti Corruption Commission Nairobi.
BY SAM ALFAN.
Ethics and Anti Corruption Commission has been ordered to reinstate an employee whom it terminated his services in 2014.
Employment and Labour Relations court, judge lady Justice Maureen Onyango found and held that the dismissal of Mr Henry Morara Ongwe was unlawful and can not be compensated by way damages.
The judge gave the commission 14 days to comply with the court’s orders, by reinstating him to his position to Education officer
The dismissal of the petitioner by EACC was unfair and both substantively for failure to pave reason for termination his employment” the judge said.
The court found that EACC had colluded the office of the director of criminal investigations by using state machinery to intimidate the petitioner who had applied for the position of deputy director.
The judge said damages provided for under the employment Act for loss of employment would not adequately compensate the petitioner for the tribulation he was subjected, saying that restatements must be accompanied with his benefits
During the hearing of the petition his lawyers Harun Ndubi and Kwame Kruma, told the court that petitioner was employed by the commission on 6th March 2006 as education officer on renewable fixed term contract.
The lawyers told the trial judge that in 18 May 2014 anonymous persons sent emails making allegations of impunity, corruption, incompetence and general impropriety against several officials of the commission.
The said allegations were sent through an email which management of the commission purported to have come from the petitioner.
They submitted that the summary dismissal was unconstitutional, illegal and malicious and was actuated by a personal vendetta perpetuated by two former commissioners.
The court found the allegations against the petitioner lacking evidence and facts to warrant the dismissal of the petitioners.