The labour court has ordered the Kenya Medical Training College to immediately reinstate its CEO who was dismissed after cooperating with EACC to investigate a romantic relationship between the board’s chairperson and secretary.
Labour and Employment judge Mathews Nduma directed KMTC to reinstate Prof Micheal Kiptoo who was dismissed last year.
Nduma directed that Kiptoo should return to work and enjoy all his initial benefits including full salary and without any loss of his employment benefits in terms of his contracts for services.
The judge termed Kiptoo’s termination unfair and unconstitutional, saying it breached the CEO’s rights to be heard by an independent tribunal.
Kiptoo had sued KMTC and and Philip Kaloki while EACC and Miriam Ndunge were listed as interested parties.
Kaloki is the chairperson of KMTC’s board of directors while Ndunge is the corporation secretary.
Judge Nduma said the respondents acted illegally, irrationally and unreasonably in punishing the petitioner, a chief executive officer who had served the organisation very well.
According to court documents, Kiptoo was dismissed after assisting EACC in their investigations against Kaloki and Ndunge over impropriety in the manner which the secretary was appointed.
The investigations by EACC had been launched after a confidential report was made accusing the duo of being in a romantic relationship that saw Ndunge appointed as the secretary yet she did not meet the minimum qualification of being a registered secretary.
Kiptoo said as a custodian of the recruitment, EACC ordered him to present all recruitment documents of the said appointment.
In return, Kaloki victimised him and pushed for his termination as disciplinary action against him commenced immediately. He was later dismissed.
Juustice Nduma said neither did KMTC nor Kaloki deny or contradict the allegations of clandestine relationship between Kaloki and Ndunge which might have possibly resulted to Ndunge’s appointment.
-Edited by SKanyara
