, NAIROBI, Kenya, Jun 27 -The Employment and Labour Relations Court has dismissed a case by five Nairobi County finance officers they had filed, challenging suspension by Governor Mike Sonko.
Sonko took action against the officer over Sh7million found dishonestly in their possession.
Judge Helen Wasilwa threw out the case saying Sonko can suspended them until disciplinary proceedings to show cause why they should remain office are concluded.
While dismissing the case, the court found no wrongdoing on the part of Sonko.
“Interdiction is indeed part of an employer’s disciplinary process where the employer is convinced that indiscipline has been occasioned by the employee. This court has over and over again stated that it would not interfere with the employers’ internal disciplinary processes unless the same is flawed,” she ruled.
Wasilwa further said their decision to go to court was premature because the applicants chose to go to court instead of responding to the show cause letter on why disciplinary action should not be taken against them.
“Whereas applicants had a right to appear before court and seek orders as they did, I note that their quest was premature,” she ruled.
The five had protested the decision to be investigated and prosecuted over the suspected malpractice.
The officers who include Maurice Okere, Luke Gatimu and three others have since denied abuse of offices charges among others and are out on bond.
The officers are accused of having Sh7 million on August 23, 2017 which was supposed to have been deposited by close of business on August 22, 2017.