BY SAM ALFAN.
Garissa County government has suffered a major blow in its attempt to overturn a decision directing it to pay its former officials over Sh53 million.
Court of Appeal judges Hannah Okwengu and Fatuma Sichale dismissed the appeal by county government challenging the monies awarded to sacked CeCs Idris Muktar, Muktar Bulale and Salah Farah.
“We find ourselves handicapped in dealing with this limb of the appeal because the appellants have not included the application and the affidavits which were filed in the lower court in the record of appeal,” ruled the judges.
The judges noted that the record of appeal shows that on July 26, 2017 the parties through their lawyers consented to figure of Sh15,736,562/59 and the judge in addition to awarding the sum of Kshs. 4,072,500 to the three former CEC and also awarded one month’s notice in lieu of notice and any other benefits under the contract including gratuity for the period to date and any accrued leave taken.
In the year 2018, Employment and Labour relations court ordered Garissa couny government to pay half of Sh53 million to three former county executive officers for wrongful dismissal.
The Court ordered county government to deposit Sh26.5 million and the rest within 30 days.
“That stay be and hereby allowed on condition that halve decretal sum of ShSh26.5 million is released to 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.
The court had initially ordered two officials to appear in court and explain why the amount has not been paid to former empoyees.
Those directed to appear included County Executive Committee finance and planning Robe Said Nuno and County Chief Officer, Directorate of Finance and Planning Mr Ibrahim Malow Noor.
Mr Muktar who was in charge of Trade docket, Muktar Burale (water) and Salah Yakub (Environment and Energy) filed a suit before Labour and Employment court seeking to be paid following their sacking.
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.
