The Ethics and Anti-Corruption Commission (EACC) has been ordered by court to pay its former intelligence officer over Sh1 million for wrongful dismissal.
Employment and Labour Relations Judge Nduma Nderi ruled that the anti-graft agency violated the rights of Adan Guracha by illegally sacking him for absenteeism.
In his judgment, Justice Nderi said the former official suffered a loss of income and support for himself and his family due to the unlawful conduct by EACC.
The judge found it was appropriate to award him an equivalent of six months’ salary in compensation for the unlawful and unfair summary dismissal totaling Sh1,068,540.
“In the final analysis, judgment is entered in favour of the claimant against the commission,” the judge ruled.
Guracha was a former intelligence officer 2 and was earning a monthly salary of Sh178,090 at the time of dismissal.
The court noted that Guracha was summarily dismissed without notice and the judge ruled that he was entitled to one month's payment in lieu of notice.
The judge further noted that Guracha was not paid terminal benefits upon dismissal because the same was summary in nature.
"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.
The Court heard that he had served EACC for a period of two years. He said he has however remained without employment to date for reasons partly attributed to negative references made against him by EACC.
During the hearing, Guracha made allegations of discrimination by EACC which the judge said were not satisfactorily proved.
Guracha wanted to be reinstated, claiming he was fired for failing to toe his boss’s line.
