BY SAM ALFAN.
Employment and Labour relations court has ordered Garissa couny government to pay half of Sh 53 million to three former county executive officers for wrongful dismissal.
The Court ordered county government to deposit 26.5 million and the rest within 30 days.
Justice Hellen Wasilwawhile making the orders said that the monies should be deposited in court within 30days
“That stay be and hereby allowed on condition that halve decretal sum of Sh26.5 million is released t OK the claimant and the other half is deposited in court within 30 days,”ruled the judge.
Two Garissa County Government executive Committee members failed to honour court summons to appear before Employment and Labour relations court as ordered to explain failure to pay an award of over Sh53 million paid to three former executive on 4 December.
Only a representative of Controller of budget appeared before Justice Hellen Wasilwa as directed.
The court had ordered two officials to appear in court and explain why the amount has not been paid to Idris Muktar and two others, as directed.
Justice Wasilwa had ordered the County Executive Committee finance and planning Robe Said Nuno and County Chief Officer , Directorate of Finance and Planning Mr Ibrahim Malow Noor to appear in court on 4 December.
The court further summoned the controller of budget to appear in court on the same date to shed light on the matter.
“The Controller of budget or her authorized representative is also summoned to attend court on December 4, to confirm whether there is a budgetary provision that can cater for the said 53,671,084.81 judgment debt,” ordered judge Wasilwa.
The Garissa County Executive officer from left to right: Idriss Muktar incharge of Trade docket, Muktar Burale (water) and Salah Yakub (Environment and Energy) filed a suit before Labour and Employment court seeking the said county government officials compelled to pay the award of Sh53,671,084,81 within 21 days.
They also sought an order directing Controller of budget to implement the budget of the County Government of Garissa by authorizing withdrawal of the amount, being the a sum of damages awarded equivalent to 12 months’ salary and the benefits under contract including gratuity for a period of the date.
In a court documents filed under certificate of urgency through lawyer Mumo Kanyama, the family of Idriss said their son was shot in the head in an assassination attempt and he has been in a coma since then. He has since been taken to India for specialized treatment.
The family said due to the prolonged stay at hospital, his family has incurred medical bills in excess of Sh20 million.
“The family has also incurred transport and evacuation cost as well as accommodations costs for the few family members taking care of him in India”, said Kanyama.
They claim Idriss may continue with specialized treatment in India for a minimum of six months and a maximum of eighteen months within time which medical costs will continue to go up.
They further added that the father of three was a sole breadwinner of his family. According to the court documents, the three children are aged six, five and two years.
The case has been in going on since 2015.
