BY SAM ALFAN.
Mandera Governor Ali Roba has been ordered to pay former county executive committee members he sacked a few years ago close to Sh50 million.
Employment and Labour Relations Court Judge Onesmus Makau ordered the county government to pay the four former CECs within 30 days.
In the decision, the court said the county government and the Mandera County Public Service Board should properly compute the outstanding salary payable to each of the CEC, minus remittance to the government through pay as you earn.
The Judge said the county should also properly compute the gratuity payable to each of the former CECs, “fully and forthwith pay and in any case not later than 30 days”.
The court was told that Roba’s government was yet to pay the former CECs Abdlaziz Sheikh Maad, Shamsha Mohammed Haji, who was in charge for Gender and social services, Jahora Mohammed Abdi for agriculture and chief officer in charge of medical services Hassan Mohammed Ahmed, all their salaries for the unexpired term of the respective contracts of service.
“I have further found that the judgment dated April 29, 2020 did not give the respondents the option of withholding or investing the petitioners’ gratuity until they clear with the County Government. Consequently, I hereby direct and order the respondents to comply with the said judgment fully”, ruled the judge.
The County Government stated that they deposited the gratuity in the County Pension Fund pending clearance by the petitioners and the terms of that deposit has not been disclosed but the judge said his judgment did not give the respondents that option of investing the petitioners’ gratuity without their consent.
Last year the court quashed his decision sacking three members of his cabinet and a county chief officer and he was ordered to compensate them.
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.
This is after the county government claimed to have computed the salary payable to the petitioners and filed the same in court vide the letter dated May 15, .2020 but the petitioners were not satisfied and through a consultant, they computed their dues and filed in court vide the letter dated June 18, 2020.