Mandera County Governor Ali Roba (pictured) has lost a case at the Employment and Labour Relations Court against four sacked former county executive committee members
The four former executives were awarded Sh50 million to equitably share among themselves.
Justice Onesmus Makau ordered Roba together with the county government to pay the former CECs Abdiazizi Sheikh Maad, Shamsa Mohammed Haji, Johora Mohamed Abdi and Hassan Mohamed Ahmed within 30 days.
In the decision, the court said Roba, the county government and the Mandera County Public Service Board should properly compute the outstanding salary payable to each of the CEC, less remittance to the government through pay as you earn.
“The respondents 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,” ordered the judge.
The court ruled that the four employees are entitled to the salary set by the Salaries and Remuneration Commission (SRC) being Sh259,875 multiplied by the 32 months outstanding in their contract which comes to 8,316,000 each.
Makau made the directive after the former officials of Mandera county informed the court that Roba’s government was yet to pay them all their salaries for the unexpired term of the respective contracts of service as earlier ordered by the court
“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 CECs argued that their salary for the remainder of their contract term should include all their allowances.
But 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 Governor Roba’s decision sacking three members of his cabinet and a county chief officer and he was ordered to compensate them.
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