A court has faulted the National Environmental Management Authority for not paying five of its public prosecutors non-practice and prosecutorial allowances.
Justice Byrum Ongaya of the Employment and Labour Relations court ruled that the decision by Nema was unlawful and amounted to discriminatory labour practice.
Justice Ongaya ordered the environmental agency to pay them a total sum of Sh13.4 million as allowances.
Erastus Gitonga, Edward Wabwoto, Cicilia Githaiga, Judith Kithinji and Simon Ngara who are legal officers at Nema employed on permanent and pensionable terms filed the case arguing the agency had unlawfully declined to pay their allowances.
They had told court that in 2010 a circular was issued to the Solicitor General from the the office of the Prime Minster rationalizing and harmonizing the public service legal remuneration.
The circular said the Permanent Public Service Remuneration Review Board had agreed to enhancement of non-practice allowance to be applicable from July 1, 2010.
The public prosecutors wanted Nema to pay them a non-practice allowance accruing from the date of filing the case and for the duration of service.
“There is nothing in deficiency that Nema has established to make the two circulars not applicable to the lawyers service in Nema’s establishment” the court ruled.
The legal officers will be paid not later than August 1, 2019 failure to which interest at court rates will apply until full payment.
The judge ordered Nema to pay Sh7.1 million non-practice allowances to the five officers and a further Sh6.2 million for prosecutorial allowances.
Nema's defence was that the salaries and benefits of public officers are regulated by the SRC.
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