The Employment and Labour Relations court has reinstated Laban Atemba as the Kakamega county assembly clerk following his suspension over two years ago.
Justice Jemimah Keli said in her judgement that Laban Atemba’s suspension was unfair and unlawful.
She ordered in her judgement delivered on March 28 in Bungoma that Atemba be reinstated immediately.
“The court finds that the claimant was unlawfully on suspension from February 8, 2021, and orders the lifting of the suspension and resumption of work with the second respondent with immediate effect without loss of benefits,” she declared in her judgment.
The judge said there was no evidence of any investigation that born the grounds for suspension, and Atemba did not resign as alleged by the assembly.
The judge also made a declaration that Atemba be paid his full salary and benefits from February 8, 2022, when lawful suspension of 60 days expired to date of judgment.
She declared that the extension of Atemba’s suspension by another 60 days was illegal.
Atemba had been suspended for two months on December 6, 2022, but his suspension was extended by another two months before he could report back on duty.
Justice Keli issued a declaration that section 77 of the County Governments Act, 2012, does not apply to employees of the county assembly services board.
“The court finds on balance of probabilities there were no valid reasons existing for the suspension. The respondents are hereby ordered to compensate the claimant for unlawful suspension at the equivalent of twelve (12) months' salary,” the judgment reads.
She also awarded costs to the suit and interests against the assembly service board.
The assembly service board suspended Atemba on December 8, 2021, on claims that he failed to remit deducted payroll by products including members of the assembly and staff contributions to LAPFUND, LAPTRUST and other financial institutions as the accounting and responsible officer.
They also accused Atemba of failing and or refusing to account for monies received on behalf of the county assembly resting with the exchequer release for the monies of August and September 2021.
They also accused him of promoting staff and awarding benefits without authorisation of the county public service board, wrong information to the Board on status of remittance of payroll and non-payroll products and goods and services at exaggerated prices.
Atemba moved to court to challenge his suspension arguing that it was driven by personal vendetta in performance of his duties.
He argued that the assembly service board did not follow the procedures in removal of assembly clerk as laid down in law.
