PH
The government has been directed to reinstate 13 senior immigration officers sacked after the September 2013 Westgate terror attack, which left 67 people dead.
The civil servants were shown the door by former Interior Cabinet Secretary Joseph ole Lenku after being accused of jeopardising national security by aiding illegal immigrants get into the country.
The Employment and Labour Relations Court (ELRC) said the sacking of the officers was irregular.
In her 11-page ruling, Justice Maureen Onyango directed “all the 13 officers be reinstated to their original stations in the Immigration Department.”
The civil servants are James Waithaka Chege, Josiah Musili, Guyo John Duba, Alex Kisiangani, Solomon Gakuo, Victor Oduba, Javan Bonaya, Martha Ikiara, Peter Mose, Fauziah Abdallah Hamisi, Carol Kagonya Muhenge, Richard Kimutai Rono and Kiprotich Keter Tiony.
The Judge said 10 of the officers were re-deployed to other government departments in 2014 contrary to a consent order recorded before her in March 20, 2014.
She said instead of reinstating them to their original jobs, the government “re-deployed them and re-designated them by giving them new jobs”.
IMPLICATED
“Employment is not just a matter of going to work and earning a salary. An employee gets some form of self-fulfilment and satisfaction after doing a good day’s work and when the job is not fulfilling, one gets frustrated.
“The petitioners have undertaken training and acquired skills that they can only use in the department of Immigration alone. I therefore direct they be reinstated to the original jobs since they have worked for that department since they joined the civil service,” Justice Onyango directed.
While announcing their sacking and possible prosecution, Mr Lenku said 15 Immigration Officers had been “implicated in the issuance of Kenya identity documents to illegal immigrants”.
The CS announced that the 15 officers were sacked as a “measure to streamline operations at the Department of Immigrations.”
The sacking followed findings of a security audit that was done after the terrorists attack.
Through lawyers Jan Mohammed, Haron Ndubi and Peter King’ara the officers challenged the decision saying they were never given an opportunity to defend themselves.
They also stated that they were never notified of the findings that led to their sack.
“The 13 petitioners told me following the announcement by the CS they were cast as criminals abetting terrorism and traitors. They were subjected to ridicule and odium which visited anguish and suffering upon then and their families,” Justice Onyango said.
