Muranga County Deputy Governor Augustine Gakure Monyo lawyer Waithaka Ngaruiya outside Milimani Courts obtained orders stopping an ultimatum issued by the Salaries and Remuneration Commission to refund money paid for his housing by the county Tuesday March 22,2016
BY THOMAS KARIUKI
Muranga County Deputy Governor has obtained orders stopping an ultimatum issued by the Salaries and Remuneration Commission to refund money paid for his housing by the county since August 2013.
Mr Augustine Gakure Monyo, the deputy governor moved to the court through lawyer Waithaka Ngaruiya demanding a reimbursement of all amounts deducted from his salary for the payment of rental deductions.
According to an order issued by the Deputy Registrar of the High Court, the county, its servants and agents have been restrained from deducting, withholding or interfering with the deputy governor’s salary in a bid to recover any funds spent for the leasing, renovation or furnishing the house pending service to the county.
Mr Monyo says that deducting his salary through the negligence of the county is illegal and violates his right to fair administrative action as well as fair labour practices as provided in the Constitution of Kenya.
In March 2013, he says, the county through the full participation of the county departments of the various ministries and the national government including the Ministry of Housing, the County Administration as well as the defunct Transitional Authority decided to provide housing facilities for the deputy governor at Bahati Estate, Thika-Gatanga road.
He says that the recovery of the money shall soon plunge him into a financial crisis and also compromise his chances of getting all the relevant clearances from the various regulatory bodies as he is intending to run for public office in the coming General Elections.
“The general elections are fast approaching and the allegations are merely malicious and meant to settle political scores,” the deputy governor contests.
Mr Monyo also says that after the county conducted the exercise with due diligence through its independent administrative systems, it entered into a lease agreement with the landlord, renovated and furnished the house and upgraded the premises as a whole to its desired standards and he took possession of the premises in July 2013.
In October 2014, the deputy governor says he was informed by the county “for the first time ever” that it had been advised by the Salaries and Remuneration Commission (SRC) and the Kenya National Audit Office (KNAO) that it was illegal for the county to provide the said housing facilities to him despite SRC being well-versed about the deal as early as August 2013.
He says that the county government immediately made a unilateral decision to surcharge him for all the funds that it had spent in leasing the house, renovating it as well as furnishing the same yet the decision to lease the premises and to furnish the same was made and executed by the county.
As a result of that communication, Mr Monyo contests that he vacated the premises in November 2014 without carrying with him the furniture or any other items therein as the county appeared reluctant to resolve the issue and was bent on enforcing its decision without according him any hearing.
The deputy governor therefore wants the county restrained from making further deductions immediately.
“The Respondent shall continue making the illegal deductions from the Applicant’s salary yet the monies recovered therein are for the furniture therein which furniture is part of the Respondent’s assets,” he said.
Proceedings continue April 1 2016.
