Former Muthera farm security manager on Wednesday got a reprieve after the Nakuru Industrial court awarded him Sh 5 million in unpaid dues.
Josephat Mpoe, relative to the late land activist Moses Mpoe who was also a manager at the 4,923 acres farm belonging to the late cabinet minister Mbiyu Koinange, had moved to court challenging the suspension of his services at the farm.
Mpoe worked as a security head at Muthera farm having been appointed on January 2011 by the four administrators of the estate.
Trouble started in September 2013 when one of the administrators, David Waiganjo wrote a letter suspending Mpoe on allegations that he was embezzling funds.
Mpoe faulted the suspension as it did not give the specific period within which the suspension would take effect and it also did not mention whether he would be entitled to any form of salary for the said period.
According to Mpoe, he was not granted a hearing before suspension thus terming it as a breach of the principles of Natural Justice.
Mpoe had alleged that he has been cultivating and breeding livestock on a 10 acre plot within the farm where he gets his proceeds for his own subsistence and that of his family.
In his ruling, Justice Stephen Radido noted that the suspension was irregular and unlawful because it was not sanctioned by the other administrators.
According to the judge, Suspension from employment, especially without pay, should have either a contractual or statutory basis or it would be in breach of contract.
Further, the decision to suspend should have been taken in consultation with the other administrators before execution.
He told the court that the claimant would be entitled to wages in accordance to the Employment Act, 2007 as well as at least 21 days annual leave with full pay.