Kenya’s former ambassador to the United States Samson Chemai has suffered a major setback after the Court of Appeal cut off nearly Ksh20million compensation for unlawful sacking.
The Court reduced the envoy's payout to a mere one-month salary and gratuity.
Chemai had accused the former Head of Public Service Sally Kosgei for replacing him with her own husband in 2001.
He was awarded Ksh19.5 million by the Employment and labour Relations Court Judge Nduma Nderi way back on November 16, 2017.
The three-judge bench made a conclusive ruling yesterday on the matter leaving the dissatisfied ambassador in shock.
Appellate judges Milton Asike-Makhandia, Gatembu Kairu and John Otieno-Odek reasoned that top public servants served at the President’s pleasure and dismissed Chemai’s assertion that he deserved to be posted to another ambassadorial posting upon recall.
He had told the court that Kosgei maliciously sacked him as the envoy to the US, Mexico and Columbia.
"The claimant submits that the recall letter dated 14th October 1993 was without just or legal cause, malicious, taking into account that shortly thereafter the 2nd respondent's husband or former husband, Dr Yusuf Nzibo was appointed as Ambassador to the United States, the United Mexican State and the Republic of Colombia in the claimant's place on recommendation of the 1st and send respondents," the Court judgement read in the November 2017 ruling.
The complainant was awarded US$133,122 (about Sh13.3 million) for foreign basic allowance and Sh985,800 for local basic allowance.
"The court further awards the claimant loss of school fees K-GD12 and GD6 - GD12 in the sum of $25,800 (Sh2.5 million) and $27,000 (Sh2.7 million) - which is directly attributable to the unlawful and sudden recall from the US and termination of his employment," the ruling continued.
