Court reinstates Women fund CEO after unfair dismissal

The Employment and Labor Relations Court has reinstated Women Enterprise CEO Charles Mwirigi.

The court reinstated Mwirigi with no loss to his salaries and benefits.

It found that he had been unfairly suspended without valid reason.

In her judgment, Justice Anna Mwaure ordered Gender Cabinet Secretary Aisha Jumwa, Principal Secretary and the WEF Advisory Board to pay Mwirigi his withheld salaries and benefits.

"The petitioner (Mwirigi) has lost a lot during the term of his suspension including humiliation and loss of dignity. The court will award him nominal damages of three months equivalent to his salary, which is Sh723,060," Justice Mwaure said.

Mwirigi was suspended on August 10 last year via a letter from the ministry over graft-related allegations at WEF.

He moved to court in November and sued Jumwa for unlawfully and illegal suspension from work.

Mwirigi argued that Jumwa had no jurisdiction to suspend him and had not consulted with the board.

He submitted that there was no evidence to support the action, adding that the allegations were unfounded and non-existent.

Mwirigi told the court that he was not under any investigations by the Ethics and Anti-Corruption Commission or any other government agency and that his suspension was a breach on his rights.

He accused CS and PS for what he termed as 'open bias and discrimination in public meetings and forums'.

At the time of his suspension, he was on half pay and without any benefits or allowances.

Mwirigi said during this time, he was unable to fend for his family and service his loans and mortgages.

He urged the court to intervene and save him from unlawful termination from employment.

On November 30 last year, the ministry opposed the petition, saying Mwirigi was suspended to pave way for investigations on corruption allegations by EACC.

It submitted that the probe came against a backdrop of adverse findings by the Auditor General and ongoing  investigations on the appointment of senior members of the WEF.

The investigations included variations on extension of contracts of employment for the staff.

The ministry disputed the argument of lack of jurisdiction saying it was a contradictory remark since the CS who appointed him had the same powers to suspend and ultimately fire him.

It claimed that Mwiringi had been found liable for various issues amounting to gross misconduct and the alleged graft-related offence at WEF between 2008-2019.

WEF advisory board, which had joined in as an interested party, maintained that the suspension was legal and procedural.

In its verdict, the court said the ministry and board had not adduced any evidence to show that before Mwirigi's suspension, he was informed of the allegations against him to enable him to defend himself.

Justice Mwaure said the suspension letter did give a timeline and only stated that he will be informed of the outcome of investigations and next course of action.

The letter did not also specify the reason for suspension to enable Mwirigi prepare his defence.

"So the court holds that to suspend an employee without any sound reason and for an indefinite period cannot be fair labour practice," Justice Mwaure ruled.

Mwirigi was appointed as WEF chief executive on September 30, 2019 by the then Gender CS Margaret Kobia and his term is set to expire on September 30.