Kadhi Awarded Sh1.6 Million After Being Sacked Over Goodnight Message

The Mombasa Industrial Court has on Tuesday awarded Sheikh Abubakar Abdallah, a former Kadhi, Sh1.6 million for unfair and wrongful dismissal.

Mr Abdallah was sacked in 2005 over allegations of "making sexual advances to ladies" and "bride hunting" after he sent a "Goodnight, sweet dreams" text message to an unnamed woman.

He admitted sending the text message but defended himself, claiming "the lady had shown interest in me."

The Judicial Service Commission  (JSC) stated that Abdallah was "rude, temperamental and discourteous" which was contrary to the Judicial Code of Conduct.

[caption caption="Former Kisumu Kadhi Sheikh Abubakar Abdallah"][/caption]

Therefore, according to the JSC, his sacking was in the interest of the public.

However, Judge James Rika ruled that Abdalla should be paid salary arrears amounting to Sh1.4 million and the equivalent of 12 months salary "in compensation for unfair termination at Sh198,300 per month," altogether coming to Sh1.6 million.

The judge further declared that the JSC should facilitate Abdallah in the payment of his pension.

Mr Rika mentioned that Abdallah would not be reinstated because it was "impractical and unreasonable" owing to the strained relationship between the him and JSC.

Abdallah, represented by advocate Gichana Omwando, had demanded Sh12 million as compensation for "sins" committed by JSC.

He was employed as Kadhi in 1995 and posted to Mandera. That same year, he was transfered to Bungoma and worked there for for eight years. His last post was in Kisumu where he served for a year.

The Judge commented that allegations of sexual harassment were never substantiated.

[caption caption="Kadhis at a past press briefing"][/caption]

"The court is convinced Abdallah was not taken through a fair disciplinary process," the judge concluded.

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