Former
Head of Public Service Sally Kosgei was accused in court of replacing an ambassador with her own husband in 2001.
This is in a case where the
court
awarded Sh19.5 million compensation to former Kenyan Ambassador to the US Samson Chemai for wrongful dismissal.
Chemai was relieved of his ambassadorial duties in 2001 by Kosgei and her predecessor Richard Leakey.
He told the court that Leakey and Kosgey maliciously sacked him as the envoy to the US, Mexico and Columbia.
"The claimant submits that the recall letter dated 14th October 1993 was without just or legal cause, malicious, taking into account that shortly thereafter the 2nd respondent's husband or former husband, Dr Yusuf Nzibo was appointed as Ambassador to the United States, the United Mexican State and the Republic of Colombia in the claimant's place on recommendation of the 1st and send respondents," the Court judgement reads.
It adds that Chemai said that Nzibo's appointment was a direct benefit to Kosgei on "account of the then and renewed terms of service for Ambassadors and High Commissioners."
Chemai also said the two acted beyond their powers, as only the President could terminate his contract.
"The purported termination of the claimant's presidential appointment was an ill-motivated conspiracy between the said respondents with the sole motive of filling the resultant vacancy in the office of Ambassador to the United States, the United Mexican State and the Republic of Colombia with the husband or former husband of the 2nd respondent," the court judgment says.
The court awarded Chemai more than Sh19.5 million on Monday.
Justice Mathews Nderi said the Employment and
Labour Relations Court
found Chemai's recall and his removal from the ambassadorial position were unconstitutional and unlawful.
"No amount of compensation would put the claimant
to
the position he was in financially then, and in the comfort and employment of a high state job," he said.
The court awarded Chemai an amount equivalent to the basic allowance - both foreign and local - for the 22-month period before which he could complete his contract.
Nderi said Kosgey and Leakey acted in breach of the contract as set out in employment particulars.
The complainant was awarded US$133,122 (about Sh13.3 million) for foreign basic allowance and Sh985,800 for local basic allowance.
Nderi said the allowances could only be justified provided Chemai served
the full term.
He added, however, that Chemai was not entitled enumerated benefits that were meant to facilitate his work while in office.
"The court further awards the claimant loss of school fees K-GD12 and GD6 - GD12 in the sum of $25,800 (Sh2.5 million) and $27,000 (Sh2.7 million) - which is directly attributable to the unlawful and sudden recall from the US and termination of his employment," the ruling read.
Chemai sought to be paid Sh101,708,529, being the equivalent of his tax-free salaries and benefits for the 22 months of the unexpired term of his contract between November 15,
1999 and August 2, 2001.
He also wanted $3 million (Sh300 million) as damages, being
the equivalent of his tax-free salaries and benefits for the non-expired period of his contract.
Chemai also sought exemplary, special, punitive and general damages, as well as the cost of the suit and interest accruals.
"I was appointed an ambassador
in 1995, posted to Japan and later transferred to the United States in 1997 for an initial 36-month contract. This was later extended to the end of August 2001," he told the court.
The former envoy said Kosgey and Leakey "without just or legal cause, maliciously, illegally and unconstitutionally" recalled him from his station.
