The Court of Appeal has directed the National Land Commission (NLC) to pay two former senior employees Ksh62.4 million for not renewing their contracts.
The two officials are suspects in a graft probe bedeviling the commission in which they are accused of conspiring to pay Ksh109.7 million for a parcel of land irregularly.
The Commission had failed to renew their contracts for a period of five years and argued that they, alongside two other employees, were entitled to a pay of Ksh31 million.
In a court ruling, NLC was ordered to settle the pay since the two were considered innocent until proven guilty.
“We further clarify, as held by the learned Judge, that the above order will not interfere with the administrative actions taken by the National Land Commission in respect of the 1st and 3rd respondents pursuant to Anti-Corruption Case No. 33 of 2018,” read the ruling in part as per Business Daily.
NLC had argued, in court documents, that the suspects were not entitled to the pay by the virtue that they are being pursued in an ongoing case.
They had filed the suit demanding to be hired on a permanent and pensionable basis or be paid Ksh31.5 million in damages to cover 60 months.
The two are accused alongside chairman Mohammed Swazuri in a wider scandal in which the commission is said to have fraudulently compensated parties during the acquisition of the land on which the Mombasa Southern Bypass and Kipevu New Highway Container Terminal link would be constructed.
The irregular acquisition was done in 2013.
The land at the time was said to be valued at Ksh34 million but the commission had paid Ksh109 million for its acquisition.
Swazurin was placed in the dock alongside former NLC Commissioner Emma Njogu and NLC staff Joash Oindo (Deputy Director, Valuation & Taxation)
Others were Dr. Salome Munubi (Director, Valuation & Taxation), Francis Mugo (Director Finance) and Catherine Wanjiru Chege.
