, NAIROBI, Kenya, Oct 17 – The High Court has ordered the Office of the Prime Minister to immediately pay suspended advisor Miguna Miguna half salary for the months of September and October.
Miguna who was suspended as Prime Minister Raila Odinga’s advisor on coalition affairs had moved to court to challenge his removal from office arguing it was unconstitutional.
On Monday, High Court Judge Mohammed Warsame granted Miguna reprieve after his lawyer Nelson Havi informed the court that his client had not been paid.
Miguna was suspended by the Permanent Secretary in the PM’s office Mohammed Isahakia on August 4, over alleged gross misconduct.
A week after his suspension, Miguna moved to court and accused Isahakia and the then Attorney General Amos Wako, of breaching his constitutional rights.
The letter signed by Isahakia said the PS had been instructed by Odinga “to suspend Miguna with immediate effect.”
The allegations include Miguna’s refusal to sign local agreement forms despite several appeals being made to him; harassment, intimidation and use of abusive language to colleagues and misrepresenting the Office of the Prime Minister.
In the letter, it was also stated that he would not be entitled to any salary until his case was finalised.
Miguna was receiving a monthly basic salary of Sh254,000, a house allowance of Sh80,000 and entertainment and extraneous allowances amounting to Sh200,000.
Other benefits include Sh15,600 as domestic staff allowance, medical cover for his immediate family and Sh50,000 leave allowance. Other benefits include an official car and chauffer, armed personal security or bodyguards as well as armed security at his home in Nairobi.
Miguna said the decision to block his salary was illegal, unprocedural and unfair. He asked the court to restrain Isahakia and the AG from enforcing the decision pending the determination of his case.
He said Isahakia was not his appointing authority or supervisor and therefore had no power to suspend him.
He said he was appointed by the President and reported directly to the PM. He accused Isahakia of acting beyond his authority and without instructions to withdraw the salary, allowances and benefits.