The government of Kenya has been forced to pay more than Sh19.5 Million to a former Kenyan Ambassador to the United States for wrongful dismissal.
Former Ambassador Samson Chemai was removed from office in 2001 by the then Head of Public Service Sally Kosgei and her predecessor Richard Leakey.
He accused the former government officials of malicioulsy sacking him as the envoy to the US, Mexico, and Columbia adding that they acted beyond their powers, as only the President can terminate his contract.
The Employment and Labour Relations Court Judge Mathews Nderi noted that the removal of Chemai was unconstitutional and unlawful.
Justice Nderi stated that Dr Kosgei and Mr Leakey had no contractual statutory and constitutional authority to terminate the appointment as the ambassador.
[caption caption="Former Ambassador Samson Chemai"]
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The former Ambassador was, therefore awarded an amount equivalent to the foreign and local basic allowance for the 22-month period which could complete his contact.
"No amount of compensation would put the claimant to the position he was in financially then, and in the comfort and employment of a high state job," Justice Nderi stated
Mr Chemai was also awarded about Sh13.3 Million for basic foreign allowance and Sh985,000 for local basic allowance.
"The court further awards the claimant loss of school fees in the sum of Sh2.5 million and Sh2.7 million which is directly attributable to the unlawful and sudden recall from the US and termination of his employment," part of the ruling read.
The complainant also sought Sh300 million as damages, an amount equivalent of his tax-free salaries and benefits for the non-expired period of his contract.
[caption caption="Former Head of Public Service Richard Leakey"]
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Nonetheless, the court declined to award Chemai enumerated benefits that were meant to facilitate his work while in office.
