A Nairobi Court has awarded Sh 3 million to Martyne Lurther Lunani, the former Director of Aircraft Accident Investigation at the Ministry of Roads and Transport, as compensation for wrongful termination.
Judge Hellen Wasilwa stated that Lunani’s constitutional rights under Article 41 were violated by the Cabinet Secretary for Roads and Transport. The judge ordered that Lunani be reinstated by the Public Service Commission in a suitable position, as his previous role has already been filled, and he is entitled to receive his salary and benefits starting from July 1, 2024.
In her ruling delivered on April 30, 2025, Wasilwa noted that Lunani’s employer was the Public Service Commission, not the ministry, indicating that the Cabinet Secretary had made an error in terminating his employment.
After a lengthy legal battle, Lunani, represented by lawyer Henry Kurauka, argued that his performance had been exemplary and that he had not received any notice regarding the non-renewal of his contract, which he had diligently fulfilled since 2012.
Ex-Director Secures Sh 3M from Nairobi Court After Unfair Job Termination
The ministry contended that Lunani’s contract had simply expired and that the reinstatement request was no longer relevant. However, the Public Service Commission supported Lunani, stating that he had initiated the contract renewal process with the ministry in January 2024, to which the ministry only responded in July 2024. Through his lawyer, Lunani successfully argued that his rights had been infringed.
“ In view of this,it is evident that the ministry errered in deciding not to refer thev request of the petitioner to PSC for consideration.This breaches his labour rights under the constitution which subjected him to unfair treatment in face of his request for extention of his contract,”added Wasilwa.
The contract was to terminate on 17/7/2024 as per the contract on 15/1/2024,Lurther gave notice of his desire to have the contract renewed again for a further 3years.
Through a letter dated July 28/ barely 3 weeks before the contract terminated,the petitioner was informed that he should proceed on annual leave as per HR procedures.
The length of annual leave was not indicated . In a lettrer of July 10,2024 the petitioner was informed that his contract will not be renewed.
He contended that he was not granted 2 months notice as envisaged in the contract of their failure to renew it.
