Ethics and Anti-Corruption Commission official Mr Henry Morara Ongwenyi with his lawyer Harun Ndubi outside Employment and Labour Relations on Friday October 19,2015.
BY SAM ALFAN.
Ethics and Anti-Corruption Commission official (EACC )officials may be jailed for disobeying a court order requiring them to reinstate former commissioner Henry Morara Ongwenyi.
The labour relations court summoned CEO Halakhe Waqo and Michael Mubea demanding them to show cause why they should not be sent to jail.
Justice Nduma Nderi issued the orders after he was informed that the two (Waqo and Mubea) had not complied with a judgment requiring the reinstatement of Mr Ongwenyi dated August 19.
They are expected in court on October 30.
Mr Ongwenyi was sent home in 2014 after anonymous persons sent emails making allegations of impunity, corruption, incompetence and general impropriety against several officials of the commission.
The said allegations were sent through an email which the commission purported to have come from the petitioner.
Through his lawyer Harun Ndubi, Mr Ongwenyi told the court that EACC has totally ignored the order and the only reprieve was to punish them.
Lady Justice Maureen Onyango in her judgment said that the dismissal of Mr Ongwenyi was unlawful and cannot be compensated by way of damages.
Mr Ongwenyi was serving as the education officer which he held from 6th March 2006 on a fixed term contract.
Judge Onyango said that the dismissal was unfair and failed to give reasons for termination.
The court also found out that EACC colluded with Director of Criminal Investigations office and using state machinery to intimidate the petitioner who had applied for the position of deputy director.
The judge also said that damages provided for under the employment Act for loss of employment would not adequately compensate the petitioner for the tribulation he was subjected to.
Mr Ongwenyi should also be paid all his accrued benefits.