Employment and Labour court has ordered the Government to pay former Youth and Gender Principal Secretary (PS) Lillian Omollo one shilling (Sh1) for being fired unconstitutionally.
On Thursday, Justice Stephen Radido ruled that the removal of the former PS from the government payroll was unlawful and therefore she should be compensated.
“The petitioner was not subjected to due process, nor was she given reasons for the removal from office under the hand of the President. She was ingeniously notified that her tenure had ended because a replacement had been appointed,” said Justice Stephen Radido.
Justice Radido argued that since Ms Omollo is currently facing corruption charges, for being found with unexplained wealth, the 1 bob awarded to her is adequate compensation for the violation of her rights.
The judge added that, by the virtue of Omollo being appointed to serve as a PS; means that she is protected by Article 236 of the constitution and she should have been notified before being fired.
“Once a person has been appointed as a Principal Secretary, he or she becomes a public officer. As such public officer, the Principal Secretary becomes entitled to the protections assured all public officers by Article 236 of the Constitution,” noted Justice Stephen Radido.
Ms Omollo was appointed PS back in 2015 but suspended in 2018 after being charged with corruption among other offences. Since then, she was receiving half-salary pending the finalization of the criminal charges labeled against her.
However, in May 2020 she was notified that her name had been removed from the government payroll and after a new Ps was appointed in her position. The act prompted her to move to court demanding compensation for wrongful sacking.
On the other hand, Omollo has also filed an appeal against a decision of the High Court which found that the more than Sh33 million she held in various accounts were proceeds of crime.
Source: KENYAGIST.COM
