Garissa county government loses appeal against Idris Mukhtar, 2 officials wrongful termination case

The Supreme Court of Kenya.

The County government of Garissa has suffered a major blow in its attempt after the court of appeal dismissed their appeal challenging payment of Sh 53 million to three of its former officials for unlawful termination.

Judges Hannah Okwengu and Fatuma Sichale dismissed the appeal challenging the monies awarded to sacked CECs Idris Muktar, Muktar Bulale and Salah Farah.

The judges said they found themselves handicapped in dealing with this limb of the appeal because the appellants have not included the application and the affidavits which were filed in the lower court in the record of appeal.

“The record of appeal shows that on 26th July 2017, the parties through their lawyers consented to a figure of Sh 15,736,562/59 and the judge in addition to awarding the sum of Sh 4,072,500 to the three former CEC and also awarded one month’s notice in lieu of notice and any other benefits under the contract including gratuity for the period to date and any accrued leave taken,” the court said.

The matter was appealed after the Employment and Labour Relations Court ordered Garissa county government to pay half of Sh 53 million to three for wrongful dismissal within 30 days.

“The stay be and is hereby allowed on condition that half decretal sum of Sh 26.5 million is released to the claimant and the other half is deposited in court within 30 days,” the judge ruled.

Garissa County Government Executive Committee finance and planning Robe Said Nuno and County Chief officer, Directorate of Finance and planning Ibrahim Malow Noor failed to honour court summons to appear before it to explain failure to pay the award on 4 December.

Idriss Muktar who was in charge of Trade docket, Muktar Burale (water) and Salah Yakub (Environment and Energy) filed a suit before Labour and Employment court seeking to be paid following their sacking.

According to court documents filed under certificate of urgency through lawyer Mumo Kanyama, the family of Idriss Mukhtar said their son was shot in the head in an assassination attempt and he has been in a coma since then. He has since been taken to India for specialized treatment.

The family said due to the prolonged stay at hospital, his family has incurred medical bills in excess of Sh20 million.

“The family has also incurred transport and evacuation cost as well as accommodations costs for the few family members taking care of him in India,” said Kanyama.

They claim Idriss may continue with specialised treatment in India for a minimum of six months and a maximum of eighteen months, time which medical costs will continue to go up.

He is also said to have been the sole breadwinner of his young family.