The employment and labour relations court sitting in Nakuru has issued an order compelling the principal secretary in the Ministry of Health to pay Sh81,112 salary arrears to a former employee.
Justice Stephen Radido ordered the PS to pay Rashid Ndiema, an ex-health administrative officer, the damages in honour of a previous court ruling by Justice Byrum Ongaya.
“The court finds that the claimant rendered services as health administrative officer and was deployed to various health institutions. The court finds that he is entitled to the fruits of his labour as earlier ruled, thus the claimant is entitled to Sh811,112,” said Justice Radido in his ruling.
Ndiema moved to court on August 8, 2013 through his lawyer Geoffrey Otieno demanding his salary arrears and allowances of between March 2008 and June 2010 when he left service, which he claimed were unlawfully withheld by his employer.
During the hearing of the suit, in which he sued principal secretary in the ministry of health and the attorney general, the claimant testified that he worked and was not issued with the necessary pay slips as expected during the period.
He claimed that his employer erred in law by denying him the dues he was rightfully entitled to, throwing his family to unnecessary suffering.
The former employee further told court that he opted to apply to retire under the 50 year rule following frustrations of his salary being withheld.
He urged the court to compel his employer to pay for the damages caused.
On May 9, 2014, Justice Byrum Ongaya ordered the government to pay the amount to Ndiema, which was to be paid by June 1, 2014.
However, non-payment of the amount by the ministry five months after the court ruling prompted the claimant to go back to court seeking to have the government compelled to fast track the payment.