Court orders Mandera Governor to pay sacked CECs Sh 47 million within 30 days

Milimani Law Courts

The Employment and Labour Relations Court has ordered Mandera Governor Ali Roba to pay the four sacked County Executive Committee Members over Sh 47 million within thirty days.

Justice Onesmus Makau found that Roba’s government has not paid executive committee members Abdlaziz Sheikh Maad for Trade, Industrialization and cooperative development, Shamsha Mohammed Haji for Gender and social services, Jahora Mohammed Abdi for agriculture and Hassan Mohammed Ahmed, chief officer in charge of medical services all their salaries for the unexpired term of their respective contracts of service.

“I have further found that the judgment dated 29th April 2020 did not give the respondents the option of withholding or investing the petitioners’ gratuity until they clear with the County Government. Consequently, I hereby direct and order the respondents to comply with the said judgment fully,” ruled the judge. 

The County Government stated that they deposited the gratuity in the County Pension Fund pending clearance by the petitioners and the terms of that deposit has not been disclosed but the judge said his judgment did not give the respondents that option of investing the petitioners’ gratuity without their consent. 

The judge further directed that if the Governor chose the option of paying damages as opposed to reinstatement, he shall indicate that choice within 30 days from the date of the judgement and shall compute and pay damages within 90 days from the date of this judgment.

The judge further ordered that until the Governor pays all the rightful dues to the four county employees, the vacancies caused by the impugned dismissal shall not be filled by other persons.

Maad is seeking Sh. 14.529,993.75, Haji Sh 12,033,021.48, Abdi Sh 13,253,678.09 and Ahmed Sh 10,878,978.06.