BY SAM ALFAN.
Mandera Governor Ali Roba has suffered a major setback over his decision to sack three executive committee officers and chief officer.
This is after Employment and labour Relations court quashed his decision three members of his cabinet and a county chief officer.
“An order quashing the decision of the Mandera County Governor Ali Roba relieving executive committee member Trade, Industrialization and cooperative development Abdlaziz Sheikh Maad, Shamsha Mohammed Haji in charge for Gender and social services, Jahora Mohammed Abdi for agriculture and chief officer in charge of medical services Hassan Mohammed Ahmed”, ruled Justice Onesmus Makau.
Justice Makau further declared that the decision by the Governor in relieving the four their duties is a breach of the constitution rights under article 27(1), (2) and (3),28,41,48 and 50 of the constitution and that the same was is null and void for all intent and purposes.
The judge further directed that if the Governor choose the option of paying damages as opposed to reinstatement, he shall indicate that choice within 30 days from the date of the judgement and shall compute and pay damages within 90 days from the date of this judgment.
The judge further ordered that until the Governor pay all the rightful dues to the four county employees, the vacancies caused by the impugned dismissal shall not be filled by other persons
In default of (I) or (2) above, the option of payment of damages shall be deemed to have been declined, and prayer (b) and (c) in the petition shall remain in force “, ruled the Judge.
The judge further ruled the the four Mandera county officials proved their right to fair administrative action under article 47 of the constitution and amplified by section 4 of the fair administrative action were infringed.
“In my view of the foregoing, this is sufficient basis to warrant a declaration that their dismissal is null and void for all intent and purposes”, ruled the judge.
The court also found that Governor Roba overstepped his powers as donated by the county government Act of fair administrative action act when he sacked chief officer Hassan Mohammed Ahmed.
They four are Mandera County Executive Committee Member in charge of Trade , Investment, Industrialization and Cooperative development Abdlaziz Sheikh Maad, Executive member in charge if of Gender and Social Services Shamsha Mohammed Haji, Jahora Mohammed Abdi for Agriculture, Livestock and and fisheries and Chief officer in charge of Medical services Hassan Mohammed Ahmed sued the Mandera Governor for relieving them their duties in his administration.
In their petition, the four Mandera County government officials urged the court to make a declaration that the decision by Governor Ali Roba to relieve their duties is null and void.
They further sought the labour court to quash the Governor decision to sack the three county executive committee members and the chief officer.
They also sought the Governor prohibited from appointing any fresh nominee for approval by the Mandera county Assembly as members of Mandera County Executive or chief officer.
Further, the four applied that Governor Roba to be ordered to pay them all dues in the period that they would have served as executive members of his administration.
The petitioners through lawyer Peter Wanyama told justice Makau the decision by the Governor to dismiss his clients, violated their rights to a fair hearing and fair labour practices contrary to the constitution.
“The purported dismissal of the petitioners was in out rightly breach of sections 4 of the fair administrative action Act and sections 41 and 45 of Employment Act”, submitted Wanyama.
He added that the Governor and Mandera County Public Service board purported to dismiss the petitioners from their duties as county executive committee members in circumstances that are illegal, unreasonable and unconstitutional without any sufficient reasons for such and without being given fair hearing or without being afforded any opportunity for a fear hearing.
They further argued they were discharged their responsibilities religiously without any complaint ever having been raised against them or without any justification in law on February 13, this year.
The four told the court they were not given a warning , they were never issued with a notice to show cause , neither were they afforded a hearing to respond to the allegations against them.
