In Summary
  • The lawyer wants the court to issue an order compelling the anti-graft commission to pay his client in full arrears of Sh6,768,389 without further delay.
  • He also said the commission had claimed lack of budget and withheld his trainings thus derailing his career progression.
Ethics and Anti-Corruption Commission CEO Twalib Mbarak.
IGNORED ORDERS: Ethics and Anti-Corruption Commission CEO Twalib Mbarak.
Image: FILE

An EACC employee has sued his boss Twalib Mbarak for declining to pay him arrears of over Sh6 million after he was promoted since 2016. 

Henry Morara through his lawyer Harun Ndubi claims the commission only paid him Sh3 million out of Sh10 million he is owed.

He says the EACC has also failed to pay all the financial loss incurred amounting to Sh10,192,089.

According to his court documents, EACC only made a partial payment of Sh3,423,700 in February 2020 thereby leaving a balance of over Sh6 million. 

The lawyer now wants the court to issue an order compelling the anti-graft commission to pay his client in full the arrears of Sh6,768,389 without further delay.

He also said the commission had claimed lack of budget and withheld his trainings thus derailing his career progression.

Morara says after he was reinstated by judgment in a petition of 2014 for being dismissed unfairly, the EACC continued to mistreat him internally by posting him to Garissa, a designated hardship area for four years against the express provisions of the HR manual which allows 18 months to 24 months’ maximum.

He was in Garissa from November 2015 to November 2019 when he was transferred to Mombasa where he is currently serving.

"Withholding my automatic promotion from EACC 7 to EACC 6 which fell due January 15, 2016 for four years and nine months. I was appraised and recommend for the promotion. Correspondence related to my follow up of the promotion was attached but went unanswered. The promotion was eventually released in November 2020," he said in court papers. 

Morara is demanding the promotion be backdated to January 2016 and get paid his arrears but the commission claimed lack of budget. 

He adds that in 2014, the court ordered his reinstatement as Education Officer 1 without loss of benefits, and restoration to EACC payroll as if he had not left his employment. 

"The said judgment did not stop, freeze and/or otherwise impugn the operation of the Memo of the Secretary/Chief Executive Officer dated May 15, 2015 on Staff Upgrading/Promotions," he said.

Therefore there is no justification, legal or otherwise, or any reasonable basis for withholding my promotion and benefits for the four years and nine months in contravention of the said memo.

Morara says withholding of his promotion flies in the face of and contravenes the EACC Corporate Services Policies and Procedures Manual 2020.

The matter will come up on September 20 for submissions. 

 

 

 

-Edited by SKanyara

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