, NAIROBI, Kenya Nov 6 – Ethics and Anti Corruption Commission (EACC) Deputy Executive Officer Michael Mubea is required to appear in court next month to show cause why action should not be taken against him for disobeying a court order
Mubea is expected to appear before Employment and Labour Relations presiding judge Nduma Nderi on December 14 to explain why he did not comply with an order to reinstate a former commission employee.
Judge Nderi had issued orders after he was informed that the two officers of EACC have not complied with judgment of the court dated August 19.
The judge had initially ordered him to appear in court on October 30 to explain why he has not reinstated Henry Morara Ongwenyi to his position as Education Officer 1.
Ongwenyi through lawyers Harun Ndubi and Kwame Nkrumah told the court that the officer has totally ignored the orders of the court and the only avenue available is to punish him.
Lady Justice Maureen Onyango had found and held that the dismissal of Ongwenyi was unlawful and cannot be compensated by way of damages.
The judge had given the Commission 14 days to comply with the court’s orders, by reinstating him to his position which he held in 2014 when the Commission purported to terminate his employment.
“The dismissal of the petitioner by EACC was unfair and both substantively for failure to give reasons for termination of his employment,” the judge said.
The court found that EACC had colluded with 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 reinstatements must be accompanied with his benefits.
During the hearing of the petition his lawyers told the court that petitioner was employed by the Commission on March 6, 2006 as Education Officer on renewable fixed term contract.
The lawyers told the trial judge that in May 18, 2014 anonymous persons sent emails making allegations of impunity, corruption, incompetence and general impropriety against several officials of the commission.
They 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.