The Ethics and Anti-Corruption Commission has been ordered by an Employment and labor relations court to compensate its former intelligence officer for wrongful dismissal.
Employment and Labour Relations Judge Nduma Nderi ruled that EACC violated Adan Guracha’s rights by wrongfully dismissing him for absenteeism.
According to Justice Nderi’s decision, the former official suffered a loss of income and support for himself and his family as a result of EACC’s illegal actions.
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.
Justice Nderi also found it 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,” ruled Justice Nderi.
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.
Guracha told Court during the hearing of the case that he served EACC for a period of two years.