The Employment and Labour Relations Court in Kisumu has dismissed a case filed by Isaac Olwero, the former Clerk of the Siaya county assembly, challenging his dismissal over a controversial Sh2 million loan.
Justice Nzioki wa Makau, in a ruling delivered on June 19, found that Olwero had failed to prove any malice or improper motive in his termination, despite his claims of unfair treatment, discrimination and denial of due process.
Olwero had sued the assembly and the service board, alleging that his removal from office was irregular and unlawful.
He argued the loan in question had been properly approved under prevailing procedures, that he had already repaid over Sh1.2 million of it, and that his dismissal was both procedurally and substantively flawed.
According to court documents, Olwero was initially suspended on half salary to allow for investigations into his alleged irregular withdrawal of the Sh2 million loan.
Though the matter was previously challenged in court, it was ruled that the employer could initiate fresh disciplinary proceedings.
However, when the assembly’s Select Committee summoned him to appear before it in April 2024, Olwero failed to attend, citing a road accident.
Despite being offered the option of virtual attendance or legal representation, the hearing proceeded in his absence, leading to the revocation of his appointment.
In his defense, Olwero said he was eligible for the loan and that relevant authorities approved it.
He blamed the lack of comprehensive loan management structures at the time and accused the assembly of targeting him unfairly, especially since other board members had also accessed similar loans.
He further claimed he was denied access to critical documents, such as the motion recommending his dismissal and a Hansard report of the committee proceedings, which, he argued, hindered his ability to mount a proper defense.
But in their response, the respondents argued that the loan was irregular, lacked supporting documentation, had no collateral and was not insured.
They insisted that Olwero’s failure to disclose the loan in his wealth declaration and his direct involvement in approving it constituted misconduct.
The judge concurred with the assembly's position, stating that Olwero had processed the loan to himself, contrary to policy, and failed to disclose it as required.
“One ought not be a judge in their own cause,” the court ruled.
While acknowledging that the process might have appeared flawed in parts, the judge noted that the claimant had refused to take advantage of the fair hearing opportunities offered to him.
“Whereas sometimes witch-hunt and misguided focus can beleaguer a process such as the one the County Assembly of Siaya undertook, it is apparent the claimant had concealed the asset by not declaring it in his assets declaration form,” justice Makau said.
Though the case was dismissed, the court did not award costs against Olwero, citing the hardships he had endured since his removal.
