Employment and Labor Relations Court Justice Matthews Nduma/ TheStar
NAIROBI, Kenya May 12- A government official accused of purchasing houses worth Sh279 million over a four-month period back in 2019 has had her suspension overturned.
This, was after a judge ruled that the state official’s former employer had no authority to dole out the suspension since the official had already been deployed to a different ministry.
Justice Matthews Nduma ruled that The Kenya Rural Roads Authority (KeRRA) had no right to suspend Margaret Wanja Muthui over claims of benefitting from illicit funds.
Justice Nduma noted that the suspension was wrong because the agency had already transferred her to the Ministry of Infrastructure.
The Judge added that the suspension was made while a case filed by Muthui, challenging her transfer from the agency, was pending before the Employment and Labour court.
“The Court will at the outset state that KeRRA cannot continue to have its cake and eat it. In Petition E027 of 2021, KeRRA has successfully pleaded that it lawfully deployed the petitioner to the mother Ministry of Transport. Having done so, and whilst the matter was subjudice pending determination, KeRRA cannot at the same time purport to exercise its authority as an employer of the petitioner,” the Judge said.
According to the judge, KeRRA was meant to have waited until the determination of the petition challenging her transfer.
Muthui, who was the deputy director at KeRRA, was suspended after it was alleged that she had largely benefitted, receiving kickbacks from tenders involving road contractors.
According to KeRRA, Muthui acquired more than 35 apartments in 2019 when the Central Bank of Kenya announced the withdrawal of the old currency notes.
KeRRA said Muthui purchased the apartments herself or through proxies and a company whose directors were mostly her relatives or proxies during the demonetisation period.
The rural roads authority had defended her suspension arguing that it was only fair given that Muthui holds a public office and was under investigation, adding that the suspension was just until the case is determined.
KeRRA added that it cannot retain Muthui in office while she is facing serious allegations relating to corruption and economic crimes.
Prior to the suspension, Muthui had on two occasions fought the bid to transfer her.
The first case was when she was moved in 2017 to the Performance Management and Coordination under the Presidency. She won the case when the court ruled that the transfer was wrong.
A few months after she was reinstated, Muthui was once again directed to report to the Principal Secretary in the ministry, where she was to oversee procurement.
The move sent Muthui back to court only to be suspended by KeRRA over the corruption allegations.
In his decision, Justice Nduma said that to the extent that KeRRA deployed Muthui to the ministry from February 10, 2021, the agency was no longer her employer thus rendering the suspension letter null and void.
