Former acting Milimani Chief Magistrate Daniel Mudanyi Ochenja has filed a suit seeking Sh10 million as compensation for wrongful dismissal.
Ochenja served in various ranks in different stations in Kenya including Kericho, Iten, Mombasa, Kwale, Malindi, Mwingi, Kerugoya and Milimani Chief Magistrate court Nairobi being his last station.
He was sacked in 2014 over allegations of misconduct. Ochenja was under permanent and pensionable terms, earning Sh297,141 as gross salary.
Through lawyer Jason Okemwa, Ochenja told Employment and Labour Relations Court judge Byram Ongaya that he was never given a chance to explain the allegations in respect of which he was abruptly interdicted by the former Chief Justice Willy Mutunga. Ochenja was interdicted while he was on leave and was not made aware of the reasons for his sacking.
“I was indefinitely interdicted for twenty six months without any good reason and lawful justification or any due process as contemplated in the Employment Act. Such indefinite interdictions are an unfair labour practice,” he says
He says the judicial service commission which he has sued conducted its proceedings in secrecy excluding him as none of the witnesses who were called to appear were afforded a chance to be cross-examined, contradicted or clarified.
“I was subjected to laborious, tortuous and monotonous weekly visits to the Chief Registrar of Judiciary (CRJ) offices, for a period of 26 months.,” According to him, it is settled precedent of the court that a delay in disciplinary action may be condoned up to six months. However twenty six months, a period of over three years is unacceptable and an abuse of the entire process and amounts to unfair labour practice.
He says the JSC cannot and does not exercise judicial or administrative authority over judicial officer’s sittings, judgements orders and directions given in court and it was out of bounds to probe such matters.
“To date I do not know who my accuser is and I have never had a chance to confront him or her. I was punished unheard and hounded out of judicial service disgracefully,”
He now wants the court to declare that the proceedings as conducted by the JSC were procedurally unfair and that he be awarded shs 10 million as compensation.
He also seeks a declaration that he is still the legitimate and lawful holder of rank of Ag Chief Magistrate and a mandatory injunction be issued against JSC to unconditionally reinstate and deploy him with to service without any break and loss of salary, benefits and privileges.
Ochenja was employed as a state counsel on or about November 3 1991 and later crossed over to the Judiciary in the year 1993 and as risen through the ranks until the position of Ag, Chief Magistrate.