Former Ethics and Anti-Corruption Commission (EACC) Chief Executive Officer Jane Wanja Muthaura has been awarded Sh.10.2 million by the Employment and Labour Relations Court for unlawful and unfair termination of her contract eight years ago.
In 2013, Muthaura was terminated after Irene Keino and Prof Jane Onsongo were appointed as new commissioners and handed over her role of coordinator to Paul Wambua, who substantively was an accountant under her.
In his ruling, Justice James Rika found that Muthaura was not only subjected to a humiliating demotion before being fired but was also sacked without any allegations or a letter to show cause.
“This was not only irrational but humiliating to Muthaura, to be placed under an officer junior to her, from the lofty position of acting CEO and Coordinator finance and administration,” said the judge.
According to the court, the termination of her contract was neither charged nor had disciplinary hearings and findings of any misconduct.
Rika said the replacement of Muthaura was illegal because, on December 3, 2012, the court had directed that she be sworn in as the Acting CEO, in accordance with the Constitution.
The court found the Commissioners disregarded the court order and appointed their own Acting CEO Abdi Ahmed Mohamud.
The court also dismissed the EACC’s claim for a refund of Sh.3 million which was paid to Muthaura as special duty allowances at the time she was holding the position.