- The Decide famous that the suspension was made whereas a case filed by Ms Muthui, difficult her switch from the company, was pending earlier than the Employment and Labour court docket.
- The decide mentioned KeRRA should have waited till the willpower of the petition difficult her switch.
A state official accused of buying Sh279 million homes in 4 months in 2019 has received a reprieve after a decide overturned her suspension saying her former employer had no authority to take action after she was deployed to a special ministry.
Justice Matthews Nduma dominated that the suspension of Margaret Wanja Muthui by Kenya Rural Roads Authority (KeRRA), over claims of benefitting from illicit funds, was unsuitable as a result of the company had already transferred her to the Ministry of Infrastructure.
The Decide famous that the suspension was made whereas a case filed by Ms Muthui, difficult her switch from the company, was pending earlier than the Employment and Labour court docket.
“The Court docket will on the outset state that KeRRA can not proceed to have its cake and eat it. In Petition E027 of 2021, KeRRA has efficiently pleaded that it lawfully deployed the petitioner to the mom Ministry of Transport.
Having performed so, and while the matter was subjudice pending willpower, KeRRA can not on the identical time purport to train its authority as an employer of the petitioner,” the Decide mentioned.
The decide mentioned KeRRA should have waited till the willpower of the petition difficult her switch.
The deputy director on the company was suspended following claims that she benefitted from kickbacks from tenders from street contractors and purchased greater than 35 residences in 2019 when the Central Financial institution of Kenya introduced the withdrawal of the outdated foreign money notes.
KeRRA had defended the suspension saying it was truthful arguing that since she holds a public workplace and was below investigation, it is just truthful and simply till the case is decided.
The company mentioned it can not retain her within the workplace whereas dealing with severe allegations referring to corruption and financial crimes.
Earlier than the suspension, Ms Muthui had on two events fought the bid to switch her. The primary case was when she was moved in 2017 to the Efficiency Administration and Coordination below the Presidency.
She received the case when the court docket dominated that the switch was unsuitable and some months again to her workplace, she was once more directed to report back to the principal secretary within the ministry, the place she was to supervise procurement.
Ms Muthui went again to court docket solely to be suspended by KeRRA over the corruption case.
Justice Nduma mentioned within the determination that to the extent, that KeRRA deployed her to the ministry from February 10, 2021, the company was not her employer and the suspension letter was due to this fact null and void.
ARA says Ms Muthui bought the residences herself or by means of proxies and an organization whose administrators have been largely her family members or proxies throughout the demonetisation interval.