The court has ordered the Ethics and Anti-Corruption Commission (EACC) to pay its former employee Ksh1 million for wrongful dismissal.
Employment and Labour Relations Judge Nduma Nderi ruled that the EACC violated the rights of Adan Guracha by illegally sacking him.
“In the final analysis, judgment is entered in favor of the claimant against the commission,” the judge ruled.
Justice Nderi explained that the former EACC investigator suffered a loss of income for himself and his family due to the unlawful dismissal.
The Judge noted that the complainant should be awarded an equivalent of six months’ salary in compensation for the unlawful sacking, totaling Ksh1,068,540.
At the time of his dismissal, he was earning a monthly salary of KSh178,090 as an intelligence officer 2.
The court faulted EACC for sacking Guracha without notice and failing to pay him his terminal dues.
“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,” Judge Nderi said.
He had also pleaded with the court to reinstate him since he had only worked for the EACC for two years before he was sacked.
Guracha lamented that he had remained jobless since he was sacked, blaming the EACC for tainting his image.
War on corruption
The court ruling has dealt a blow to the anti-graft agency at a time when the commission has intensified the war on corruption.
On August 19, the commission released a report showing details of the cases it was handling.
“In the last 10 years, EACC has received and processed 10,543 reports of corruption and unethical conduct relating to county governments,” read part of the EACC statement.
The commission revealed it was pursuing corruption cases involving current county governors and former governors.
For instance, former Kakamega governor Wycliffe Oparanya was recently grilled at the EACC headquarters over embezzlement of public funds during his tenure as governor.