Ethics and Anti-corruption Commission (EACC) boss Twalib Mbarak has been sued for failure to obey court orders requiring him to reinstate Henry Morara Ongwinyi to his position as Education Officer 1 as earlier ordered by the Labour Court.
In a fresh application filed in court, Morara wants orders compelling Mbarak to comply with orders issued by lady Justice Hellen Wasilwa of the Employment and Labour Relations Court to reinstate him to his position as Education Officer I with immediate effect.
In her decision, Wasilwa ordered EACC to reinstate Morara after finding that his dismissal was unfair and unlawful.
The judge had given the commission 14 days to comply with the court’s orders, by reinstating him to his position which he held in 2014 when the commission purported to terminate his employment.
In his new case, the petitioner argues that since August 20, 2015, when Justice Wasilwa made the orders, the EACC has totally ignored the orders and the only avenue available is to compel them or punish the top officials.
"Since the delivery of the said judgement and service of decree upon the respondents, they have jointly and severally completely failed, ignored and/or neglected to abide by the said judgement orders," Morara states in his court papers.
He says that he had been promoted to be a Senior Education Officer vide a letter dated May 15, 2014, by the former EACC boss CEO Halakhe Waqo but he has never been reinstated to the position to date.
He adds that failure of the anti-graft body and its current CEO to refuse to abide by the court orders, he has suffered emotionally and financially as he is unable to meet his pressing financial needs and commitments.
Through lawyer Harun Ndubi, Morara is also seeking the court to declare that EACC has continued to treat him with actuated malice, unfairly and contrary to labour practices.
"A declaration that the EACC through its secretary/ CEO, employees and or agents treated Morara in a discriminatory, unfair and unjust manner, and contrary to labour practices," lawyer Ndubi states.
He says that the EACC has also failed to pay all the financial loss incurred amounting to Ksh10,192,089.
According to his court documents, EACC only made a partial payment of Ksh3,423,700 in February 2020 thereby leaving a balance of over Ksh6 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 Ksh 6,768,389 without further delay.
Morara has sued the EACC, its former Chairman Mumo Matemu, and former deputy commissioners Irene Keino and Jane Onsongo.
Also in the suit are the Chief Executive Twalib and Michael Mubea, the Chief Executive Officer – Operations at the Ethics and Anti-Corruption Commission, Directorate of Criminal Investigations and the Attorney General.
