Court Ruling Allows EACC to Recover Salaries from Public Officers Holding Multiple Positions

January 5, 2024

The Nyeri Employment and Labour Court has declared the double employment of a public officer irregular and unlawful.

Justice Onesmus Makau pronounced the landmark ruling in a case brought forward by Agnes Wanjiru, a lecturer at JKUAT, who concurrently served as a part-time board member at Kirinyaga County Assembly Service Board from 2017 to 2022.

In her petition filed on August 2, 2022, Wanjiru requested the court to instruct the Kirinyaga County Assembly and the Clerk of the County Assembly to refrain from acting on a directive issued by the EACC that halted further payments to Wanjiru on July 27th, 2022.

Additionally, she sought an injunction against the EACC from interfering with her second job at Kirinyaga County Assembly and a declaration affirming that she had not violated any law by serving as an external board member at the assembly while being an employee of JKUAT.

However, the Ethics and Anti-corruption Commission contested the case, arguing that her appointment to the board constituted double employment, in violation of Article 77(1) of the Constitution and Section 26 of the Leadership and Integrity Act.

Court Ruling Allowing EACC to Recover Salaries

Justice Makau determined that Wanjiru was ineligible for appointment as a part-time member of the board due to her status as a full-time public officer serving as a senior lecturer at JKUAT.

The court further established that she was not entitled to receive remuneration and benefits.

EACC has now commenced the recovery of all the salaries, allowances, gratuity, and other benefits earned by Wanjiru during the five years she served on the board, where she was entitled to a monthly retainer of Sh145,000.

Meanwhile, EACC Spokesperson Eric Ngumbi has disclosed that they are investigating several similar cases in the public service.

These include the case of Jennifer Gatiri, the acting Secretary and CEO of the Council of Legal Education, who is accused of holding eight public jobs, constituting fraudulent acquisition of public property.

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