The Ethics and Anti-Corruption Commission (EACC) forced to pay former chief executive Jane Wanja Muthaura Sh10.2 million for unlawful and unfair termination of her contract eight years back.
The Employment and Labour Relations Court ruled that Ms Muthaura was sacked without any allegations or a letter to show cause and also subjected to humiliating demotion before being fired.
Justice James Rika dismissed the EACC’s claim for a refund of Sh 3 million paid to her as special duty allowances when she was the acting chief executive.
The judge noted that during the termination of her contract in 2013, there was no any charges or disciplinary hearing and findings of any misconduct.
According to the judge, at the time the commission was transitioning from the Kenya Anti- Corruption Commission to Ethics and anti-Corruption Commission, Ms Muthaura was appointed as an accounting officer in the financial year 2011/12 and later reappointed on in July 2012 for the period 2012/2013 by the Treasury Ps.
In the courts findings, notwithstanding the Auditor- General Report for the year ended June 2013 flagged the allowances as irregular, the EACC through its senior human resource officer had on February 1, 2012 written to Ms Muthaura advising that she was entitled to acting and special duty allowances under the Governance manual.
Ms Muthaura was advised that she had received illegal allowances and demoted on October 1, 2012, on the new commissioners second working day.
All her allowances were stopped and the new acting chief executive was appointed on December 11, 2012.
The Judge stated that the replacement of Ms Muthaura was not only humiliating and irrational but also illegal, since the court had earlier directed that she be sworn in as the Acting Chief Executive, in accordance with the law