Rural Electrification Authority (REA) Chief Executive Officer Ng’ang’a Munyu has been granted reprieve after the court stopped the Authority from sending him on terminal leave pending retirement.
Employment and Labour Relations Court Judge Nelson Abuodha granted the orders in an application filed by Mr Munyu through lawyer Okweh Achiando alleging that the act amounts to unfair labour practice.
Lawyer Achiando said that REA has unlawfully and without following the due process and the rules of natural justice, as well as the constitution and the Labour Relations Act, threatened and intends to send him on terminal leave.
“The action if allowed to proceed would be tantamount to unfair labour practice and prejudicial to Mr Munyu’s interests,” lawyer Achiando.
Mr Munyu argues that hostility against him has manifested itself in various forms including a case filed against him by other entities to oust him from his position as REA’s CEO.
He said he has a contract of employment of three years which is coming to an end in May, 2018.
Mr Munyu said in court papers that the Act of sending him on terminal leave, amounts to victimisation, as it has failed to take into account domestic inquiry.
Further, he argues that it is unfair to discharge an employee for a misconduct of a minor or technical character without having any regard to the nature of the particular misconduct or the past record or service of the employee thereby leading to disproportionate punishment.
He is also aggrieved that it is based on false reasons on trumped up allegations of retirement age yet the contract runs until May.
“I know of my own knowledge that there is no provision in law that requires employees who are on contract to retire at the age of 60 years,” Mr Munyu said.
Mr Munyu and five other senior managers had been suspended by the agency’s Board on what it said, would enable it conduct an audit into how billions of shillings meant for primary school electrification programme was spent.
The case will be heard inter parties on April 11.