Mandera Governor Ali Roba has suffered a huge blow in court after a judge ordered him to pay Ksh50 million to four former County Executive Committees (CECs) he sacked a few years ago.
Justice Onesmus Makau of the Employment and Labour Relations Court ruled that the governor had not paid the former staff all their salaries for the unexpired term of their contracts.
According to the former employees, the governor was yet to pay them their due salaries set aside by the Salaries and Remuneration Commission for 32 months as previously ordered by a court ruling dated April 29, 2020. They also sought to be paid allowances during the specified period.
Justice Makau ruled in their favor ordering the governor to meet the former employees' demands within 30 days.
"I have further found that the judgement dated April 29, 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 judgement fully,” Makau ruled.
The judge further gave Governor Roba the option of either paying the damages or reinstating the officials. If he chose to pay for the damages, he would compute and pay the amount due for the specified period.
"The respondent (governor) should properly compute the gratuity payable to each of the former CECs, fully and forthwith pay, and in any case not later than 30 days," the judge ruled.
Roba's government in its defence noted they had deposited the gratuity payable in the County Pensions Fund which was pending clearance by the former staff.
They argued that those terms had not been disclosed to the judge. However, Justice Makau ruled that his judgement did not give the governor the option of investing the gratuity without the former employees' consent.
Justice Makau added that the vacancies caused by the former employees sacking would not be filled until the Governor pays the due amount.
