Thursday October 22, 2020 – Justice Stephen Radido has left Kenyans talking after he awarded former Youth and Gender Principal Secretary Lillian Omollo, only one shilling as compensation for wrongful dismissal from President Uhuru Kenyatta’s Government.
In his ruling, the judge determined that the removal of former PS Omollo, who was sacked due to National Youth Service corruption scandal, from the Government’s payroll was unconstitutional.
He stated that due process ought to have been observed as contemplated under Article 236 of the Constitution.
“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.
“The Petitioner is awarded a nominal Ksh1 (one shilling) for the violation of her right to due process. Each party to bear its own costs,” Justice Radido ruled.
“A public officer shall not be either dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law,” reads the constitution.
Such kind of trivial compensations to suspects by a court are referred to as nominal awards.
These are awards issued in instances where judges find that they have succeeded, but have not suffered any loss.
Omollo, who is currently facing graft charges in the National Youth Service scandal, had sued the government through the Cabinet Secretary for Ministry of Public Service and Gender arguing that the case was still ongoing and was entitled to half-pay.
Justice Radido found the suspect to have unexplained wealth, hence stated that the amount awarded was adequate compensation for the violation of her rights.
The Kenyan DAILY POST