BY SAM ALFAN .
The Ethics and Anti-Corruption Commission (EACC) has been ordered to pay its former intelligence officer over Sh1 million for wrongful dismissal.
Employment and Labour Relationship Judge Nduma Nderi ruled that the anti-graft agency violated the rights of Adan Guracha, a former intelligence officer 2 and directed that he be compensated for the illegal sacking.
Guracha was earning a monthly salary of Sh178,090 as Intelligence Officer 2 at the time of dismissal.
Guracha was summarily dismissed without notice and the judge ruled that he was entitled to one month payment in lieu of notice.
The further noted that Guracha was not paid terminal benefits upon dismissal because the same was summary in nature.
In the decision, Justice Nderi said the former official suffered loss of income and support for self and family due to the unlawful conduct by EACC.
The judge found it appropriate to award him an equivalent of six months’ salary in compensation for the unlawful and unfair summary dismissal totaling to Sh1,068,540.
“In the final analysis, judgment is entered in favour of the claimant against the commission,” the judge.
He had served EACC for a period of two years. The court said he has however remained without employment to date for reasons partly attributed to negative references made against him by EACC.
“The court finds that the claimant contributed to his loss of employment even though this did not justify the unlawful and unfair termination of his employment,” said Judge Nderi.
During the hearing, Guracha made allegations of discrimination by EACC which the judge said were not satisfactorily proved.
“Indeed, the Court finds that the allegation of discrimination by Guracha against EACC has not been proved on a balance of probabilities,” the judge ruled.
