Former PS Lilian Omollo has been awarded one shilling bob for wrongful job dismissal. This award was issued by the Employment and Labour Court Judge Stephen Radido who ruled that the removal of Ms. Omollo from the government’s payroll was unconstitutional. Ms. Omollo was the Youth and Gender Principal Secretary.
“The petitioner was not subjected to due process, nor was she given reasons for the removal from office under the hand of the President. She was ingeniously notified that her tenure had ended because a replacement had been appointed,” Justice Radido ruled.
He further ruled that civil servants have a legitimate expectation that being public officers, due process as envisaged under Article 236 of the Constitution would be observed in the process of their removal from office.
The judge said that the Sh. 1 Ms. Omollo got was adequate compensation because she was already battling corruption charges.
Omollo appealed a decision in which she lost Sh. 33 million that was declared to be proceeds of crime in September this year. “The judge was wrong in purporting to order forfeiture of the appellants’ funds based on unsubstantiated allegations, assumptions and conjecture without calling for any evidence of any crime,” she said.
She had been ordered to give up the millions by Justice Mumbi Ngugi who ruled that the former PS failed to explain the source of the funds, hence proceeds of crime and the only conclusion is that the funds deposited in several accounts, were proceeds of crime. “The respondents have millions of funds in their accounts which this court has found they are unable to show a legitimate source,” she Ngugi.
Assets Recovery Agency had told the court that Ms. Omollo was given time to explain how she made the money, but her explanation was not satisfactory, leading to the freezing of her bank accounts. The frozen accounts are in Equity Bank, one registered under Lilian Muthoni Mbogo with USD 67,331.9, another in the name of LIDI Estates Ltd with USD 28,981, while a third in the same bank and under the same name has Sh. 2,297,495. The fourth and the fifth, also in Equity, has USD 8,979.83 and Sh. 1.68 million, respectively. Besides Equity, she had also banked the cash at Diamond Trust Bank with an account under the name Sahara Consultants holding Sh. 5.65 million and three others in her children’s names had more than Sh. 11 million.