Court reinstates Nita boss Stephen Ogenga

Court directed Authority to reinstate his full salary, employment benefits from the date of interdiction

In Summary
  • Ogenga was placed on half salary, full house allowance and medical allowance and was also interdicted not to access NITA offices.
  • On November 28, 2023, the NITA boss appealed the interdiction to the chairman of NITA.
National Industrial Training Authority Director General Stephen Ogenga during a past event in Kisumu.
National Industrial Training Authority Director General Stephen Ogenga during a past event in Kisumu.
Image: FILE

A high court has reinstated the Director General of the National Industrial Training Authority Stephen Ogenga.

Ogenga was interdicted from office by the chairman of Nita Aden Noor Ali on November 24, 2023.

The interdiction came in the wake of an investigation by the Ethics and Anti-Corruption Commission.

The commission was looking into the allegations of procurement irregularities in the award of tender for the supply, delivery, installation, commissioning, training, servicing, maintenance and repair of sewing and training machines at Nita. 

Ogenga was placed on half salary, full house allowance and medical allowance and was also interdicted not to access Nita offices.

On November 28, 2023, the Nita boss appealed the interdiction to the chairman of Nita.

He defended himself saying the tender no. Nita/12/2017-2018 was procured and awarded when he was not the accounting officer and he had fully cooperated with EACC on the matter.

Ogenga said that the office of the Auditor General did not raise qualified opinions on the procurement through the audit period to date.

The Nita boss said that all staff who participated directly in the procurement process could have a conflict of interest

The court reinstated him saying his interdiction went against the law.

"A declaration is hereby issued that the decision of the 1st respondent to interdict the petitioner from his employment as the Director General of the 1st respondent by a letter dated November 24, 2023, is unlawful and unfair," the statement read.

The court directed that the Authority should reinstate his full salary and employment benefits from the date of interdiction.

The court further directed the Authority to pay the costs of the suit.

While appealing to be reinstated, Ogenga argued that he was not under investigation for the irregular award of the tender in question but that the investigation was a general investigation on the award of a tender for the supply, delivery, installation, commissioning, training, servicing, maintenance and repair of sewing and training machines.

He further stated that it is unreasonable for him to be interdicted for twelve months for EACC's investigation that started three years ago.

"EACC has neither communicated its finding on the investigations nor has it recommended charges against the applicant to the Director of Public Prosecutions," the statement reads.

Ogenga said that he was interdicted by the Authority despite conducting internal investigations and finding that the procurement process was procedural and lawful.

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