A former employee attached to the Women Enterprise Fund (WEF) has received outstanding dues from the Fund amounting to an eight-year salary following the intervention of the Commission on Administrative Justice (CAJ).
In a statement by the Commission dated Wednesday, February 14, the ex-worker was suspended by the Fund's Chief Executive Officer (CEO) without pay on September 25, 2015, and was arrested by the Directorate of Criminal Investigation (DCI) officers on theft allegations.
According to the former worker, he was accused of stealing, thus acting in contravention of Section 280 of the Penal Code which granted police rights to search and detain an accused public servant.
The case dragged in court for eight years and one month, with the former worker not receiving his salary owing to the suspension.
The Commission indicated that the case was determined on October 30, 2023, where he was acquitted of all charges.
Following the development, the former worker claimed that he wrote to the Fund CEO, requesting his salary arrears during the stipulated period.
"However, the letter did not elicit any response prompting him to write a reminder and later through a letter dated November 20, 2023, he escalated the matter to the Gender Principal Secretary," the statement read in part.
"The letter still did not elicit any responses prompting him to seek the intervention of the Commission on January 10, 2024."
The complainant argued that the failure of the Fund to acknowledge his grievances was an abuse of power and he sought to receive his compensation.
Following the appeal, the Commission took up the matter through an inquiry to establish its basis. The role of CAJ is to ensure that public institutions and officers respect the sovereignty of the people.
The Commission subsequently wrote a letter to the CEO noting that withholding an employee's emoluments during a disciplinary process lacks legal validity and contravenes the Public Service Commission Human Resources and Procedures Manual.
"Where a disciplinary or a criminal proceeding has been taken or instituted against an officer under suspension and such an officer is neither dismissed nor otherwise punished under the regulations, the whole or any salary withheld shall be restored to him upon the termination of such proceedings with effect from the date the salary was stopped," the manual dictates.
In a rejoinder, the CEO acknowledged the complaint and confirmed the payment of the final dues.
"Following the concluded criminal case and subsequent request for payment of final dues, you are hereby notified that the Fund Management approved payment of your outstanding final dues totalling Ksh1,142,230.66 upon submission of completed clearance form."
