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January 21, 2019

Former NTSA director gets Sh7.3m in damages for unlawful sacking

Former NTSA director Mathew Munyao /JULIUS OTIENO
Former NTSA director Mathew Munyao /JULIUS OTIENO

Former NTSA road safety director Mathew Munyao has been awarded Sh7.3 million for wrongful dismissal.

Employment and Labour Relations Court judge Byram Ongaya said the action by the National Transport and Safety Authority to terminate Munyao’s employment was unfair. Munyao lost his job in January 2016 on grounds of alleged insubordination and making false claims of drink-driving.

The judge found no evidence to support the claims. He said the NTSA failed to show genuine or valid reasons for terminating the contract as described in the employment law.

“The NTSA infringed on his legitimate expectations that as a public authority, it would uphold the principles of fairness, equality, good governance and constitutionalism,” he said.

Munyao was hired by the NTSA in June 2014 for a three-year contract, which the NTSA Board reserved the right to terminate depending on his performance. A year later, the Transport PS wrote to the board’s chairman about complaints by matatu operators against their officers.

“Complaints were raised on how NTSA enforcement officers are involved in corrupt practices by demanding money from operators whose vehicles are arrested during random checks. The officers work under Mathew Munyao,” the letter read.

It was also alleged that saccos suspended from operations bribed him to get favourable reports that would allow them to resume operations. The NTSA was directed to probe. Munyao was subsequently sacked.

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