The Employment and Labour Relations court has directed the Ethics and Anti-Corruption Commission (EACC) to compensate its former intelligence officer with over Sh1 million due to an unlawful termination.
Judge Nduma Nderi ruled that the anti-corruption agency infringed upon the rights of Adan Guracha by wrongfully dismissing him on grounds of absenteeism.
In his ruling, Justice Nderi noted that the former EACC official endured a financial setback and a loss of support for both himself and his family as a result of EACC’s wrongful actions.
Consequently, the judge determined it just to grant him compensation amounting to Sh1,068,540, equivalent to six months’ salary, as reparation for the unjust and arbitrary summary dismissal.
“In the final analysis, judgment is entered in favour of the claimant against the commission,” the court ruled.
Guracha was receiving a monthly salary of Sh178,090 when he was terminated from his employment.
The court observed that Guracha’s dismissal occurred abruptly and without prior notice. The judge determined that Guracha should have received payment equivalent to one month’s salary as compensation in lieu of notice.
Justice Nderi also acknowledged that Guracha did not receive terminal benefits upon his dismissal, as the termination was executed summarily.
“The court finds that the claimant contributed to his loss of employment even though this did not justify the unlawful and unfair termination of his employment,” he ruled.
The Court was informed that Guracha had served the EACC for two years. Guracha stated that, to this day, he remains unemployed, citing partly negative references from the EACC as a contributing factor to his joblessness.
During the trial, Guracha made allegations of discrimination by the EACC; however, the judge ruled that these claims were not satisfactorily substantiated.
Guracha wanted to be reinstated, contending that his dismissal was a result of his refusal to toe his boss’s line.
