A former police boss has sued the National Police Service Commission (NPSC) and the Public Service Commission (PSC) for disobeying court orders issued by Nakuru Industrial court eleven months ago.
The orders issued by Justice Byrum Ongaya on December 20, 2013 directed the bodies to pay former Mwingi Officer Commanding Police Division Michael Kagoma Maina Sh 3,884,240 as a salary for the period his service had been terminated.
The court further ordered that termination of the claimant’s employment by way of retirement on account of attaining the age of 55 years conveyed in the letter dated September 27, 2007 was unfair. The claimant was entitled to retire upon attaining 60 years of age effective with due pension benefits.
The court had directed that the amount was payable within a period of three months from the day of judgement.
“The court hereby orders the respondents to pay the claimant Sh 3,884,240 by March 1, 2014 failure to which interest to be payable at court rates from the date of the judgment till full payment,” stated part of the judgement.
The judgement was made after the court found that Kagoma’s employer erred in law by retiring him at the age of 55 years rather than 60 years in compliance with the labour laws.
“The court finds that due process was not followed in retiring the claimant. His employer ought to have observed labour laws before dismissal,” said Ongaya during the judgement.
The former police boss had moved to court after he was dismissed on grounds of embezzlement of public funds while working at Mwingi.
Kagoma filed a suit in court seeking to have his employer compelled to pay him damages for wrongful dismissal and accumulated allowances during the period he was relieved of services.
In his suit, Kagoma claimed that his dismissal was made verbally and was conveyed by the then Deputy Commissioner of Police.
He stated that termination of his employment was wrongful and in breach of the law and that his retirement before attaining the age of 60 years was unjustifiable and malicious.
The claimant argued that the rude dismissal caused him and his family unwarranted physical and psychological suffering.
He revealed in court that prior to his dismissal, he had been arrested and maliciously prosecuted, a fact he said inhibited his promotional progression.
However, defence lawyer has dismissed the application arguing that the application was time barred and was a waste of the court’s time.
Kagoma wants the court to compel his employers to honour the orders. Justice Stephen Radido who was hearing the case slated ruling of the matter on December 18.