A labour court in Nairobi has dismissed an attempt by the Attorney General to intervene in a long-running fight by five former National Environment Management Authority (Nema) employees to recover more than Sh29 million awarded for unfair dismissal.
Judge Radido Stephen, in a ruling delivered on 1 December, struck out the AG’s application seeking to lift garnishee orders freezing two Nema bank accounts. The judge said the attempt was misguided because Nema already had its own private lawyers representing it.
The five workers, led by Erastus Gitonga, won their wrongful termination case in 2019. Nema appealed and was ordered to deposit Sh13 million as security, later increased by Sh3 million. After failing to settle interest and allowances, the court released the Sh16 million to the workers in May 2025 and allowed execution for the balance.
When the claim grew to Sh29.3 million after costs were taxed, the workers moved to attach Nema’s accounts at KCB. The Attorney General rushed to court arguing that Nema, being a state corporation, fell under his mandate to protect public funds.
But the court disagreed.
“The Respondent (NEMA), even if part and parcel of the national government, has been given capacity to sue and be sued,” the judge ruled, noting Nema had already engaged external counsel.
He added that the AG could not claim superior authority to act on Nema’s behalf “in the name of public interest.”
The application was struck out and costs awarded to the workers. If Nema does not pay soon, its bank accounts will remain frozen and its assets could be sold to clear the debt. The matter will be mentioned again on 27 January 2026.
