EACC boss Twalib Mbarak has been sued for failure to obey court orders requiring him to reinstate an employee as a senior education officer 1.
In the application, Henry Morara wants Mbarak to comply with orders issued by Justice Hellen Wasilwa of employment and labour relations court.
In her decision, Wasilwa ordered the Ethics and Anti-Corruption Commission to reinstate Morara after finding his dismissal unfair and unlawful.
The judge had given the commission 14 days to comply with the court’s orders, by reinstating him to the position he held in 2014, when the commission purported to terminate his employment.
The petitioner said the EACC has totally ignored the orders given in August 20, 2015 and the only avenue available, is to compel them or punish the top officials.
"Since the delivery of the said judgement and service of decree upon the respondents, they have completely failed to abide by the orders," Morara states in his court papers.
He says he had been promoted to a senior education officer vide a letter dated May 15, 2014, by the former EACC boss Halakhe Waqo but he has never been reinstated to the position.
Morara said he has suffered emotionally and financially as he is unable to meet his pressing financial needs and commitments.
Through lawyer Harun Ndubi, Morara is also seeking the court to declare that EACC through its employees has continued to treat him with actuated malice, unfairly and contrary to labour practices.
Ndubi says the EACC has also failed to pay all the financial loss incurred amounting to Sh10,192,089.
According to his court documents, EACC only made a partial payment of Sh3,423,700 in February 2020, leaving a balance of more than six million shillings.
The lawyer now wants the court to issue an order compelling the anti-graft commission to pay his client in full, the arrears of Sh6,768,389 without further delay.
Morara has sued the EACC, its former chairman Mumo Matemu, former deputy commissioners Irene Keino and Jane Onsongo.
Also in the suit is Mbarak and Michael Mubea, the CEO operations at the Ethics and Anti-Corruption Commission, Directorate of Criminal Investigations and the Attorney General. - CAROLYNE KUBWA, The Star (Edited by Bilha Makokha)
