In a rare ruling that is making headlines, Employment and Labour Court Judge Stephen Radido has made a controversial Judgement pitting former Gender and youth PS Lillian Omollo against the government.
Judge Radido ruled that that the removal of the former permanent secretary Lillian Omollo from the government payroll was unconstitutional.
Radido, ordered for the compensation of Kshs. 1 to Ms. Omollo for the breach of her rights by the government.
“The petitioner was not subjected to due process, nor was she given reasons for the removal from office under the hand of the President. She was ingeniously notified that her tenure had ended because a replacement had been appointed,” Justice Stephen Radido said.
Judge Radido argued that being a civil servant, due process needs to be observed while ejecting them from the office as enshrined in Article 236 of the Constitution.
He however defended the judgement saying that the compensation was fair and adequate for the violation of her right, since Ms. Omollo was found in possession of unexplainable amount of wealth.
Omollo sued the government through the Secretary for Ministry of Public Service and Gender arguing that she was innocent until proven guilty, and therefore entitled to half the pay as the case progresses before court.
She was appointed PS for public service and youth in 2015, and was suspended in 2018, a number of graft charges, corruption included.
Omollo was later notified of her suspension with half salary arrangement pending court processes a move she later challenged in court.
She lost her employment in 2020, with the employment of a new gender PS.