A significant setback for CS Chirchir occurred when Lady Justice Hellen Wasilwa of the Employment and Labour Relations Court overturned the previous decision by then-CS Murkomen to dismiss Martyne Lurther Lunani from his role as Director of Aircraft Accident Investigation.
Represented by lawyer Henry Kurauka, Lunani successfully argued that his rights had been violated, leading the court to mandate the Public Service Commission to reinstate him, pay his salary arrears from July 1, 2024, and acknowledge the infringement of his constitutional labor rights.
In her ruling, Judge Wasilwa emphasized that Lunani’s rights under Article 41 of the constitution had been compromised by the Cabinet Secretary for Roads and Transport, and she ordered his re-engagement in a suitable position within the Public Service Commission, as the original role had already been filled.
The judge also clarified that Lunani is entitled to receive his salaries and dues starting from July 1, 2024, noting that the Public Service Commission, not the ministry, was his actual employer, which rendered the termination invalid.
Employment Court Orders Reinstatement of Martyne Lurther Lunani: A Blow to CS Chirchir
“There was no disciplinary case against my client; he was even allowed to work beyond the contract term as per Gazette Notice no. 4494 of 19/4/2024, and another investigation he was involved in on 31/5/2024.
The ministry, on the other hand, argued that Luther was serving on a contract, which came to an end, and it was not based on a gazette notice. It argued that the application for reinstatement has been overtaken by events and should not be allowed.
PSC, on the other hand, supported Luther, saying that he initiated the contract renewal process with the ministry through a letter dated January 2024, and the ministry only responded in July 2024.
Through Lawyer Kurauka, the petitioner persuaded the court that his rights were violated.
“Given this, it is evident that the ministry erred in deciding not to refer the request of the petitioner to the PSC for consideration. This breaches his labour rights under the constitution, which subjected him to unfair treatment in the face of his request for an extension 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 3 year.
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 letter of July 2024, the petitioner was informed that his contract would not be renewed.
