The National Land Commission (NLC) will pay two former senior officials Sh62.4 million for failing to renew their contracts despite pursuing them over corruption charges.
The two, Salome Munubi and Francis Mugo, charged alongside former NLC Chair Mohamed Swazuri for economic crimes are part of four commissioners granted Sh31.2 million each after NLC failed to renew their contracts for five years.
The Lands Commission has lost an appeal against the award where it argued that the two officials were being pursued for corruption and it was against Chapter six of the constitution to hire them back or pay the damages.
The court held that the two are presumed innocent and should also benefit from the judgement and that granting them the damages will not interfere with their corruption case.
“We further clarify, as held by the learned Judge, that the above order will not interfere with the administrative actions taken by the National Land Commission in respect of the 1st (Dr Munubi) and 3rd (Mr Mugo) respondents pursuant to Anti-Corruption Case No. 33 of 2018,” Court of Appeal ruled.
Ms Munubi and Mr Mugo are being pursued for abuse of office and conspiracy to fraudulently pay Sh109.7 million for a purported compulsory acquisition of land for the Kenya National Highways Authority.
The contracts were supposed to be renewed for a further 5 years, subject to the respondents attaining the statutory retirement age of 60 years.
However this decision was rescinded and their employment was varied back to contractual terms, apparently without their consent, after the NLC commissioners met and resolved that the conversion from contractual to permanent and pensionable was null and void.
The Directors went to the labour court seeking that they are appointed on permanent and pensionable basis or be awarded damages equivalent to their monthly salary for a period of 5 years being Sh520,000 for 60 months equivalent to Sh31.2 million.
The directors asked the court to adequately compensate them with a 5-year term salary since they can no longer work at NLC, noting that Dr Lukalo and Mr Mugo approaching retirement age.
