Sacked DC wins Sh10m in damages

By RICHARD MUNGUTI rmunguti@ke.nationmedia.com
Posted Tuesday, August 10 2010 at 21:00
In Summary

-Officer was maliciously prosecuted for corruption he was not party to, says judge in her 67-page ruling

A former district commissioner, who was wrongfully dismissed from the Public Service, has been awarded about Sh10 million in damages by the High Court.

Lady Justice Roselyne Nambuye, who gave the award to Mr Ezekiel Machogu, said his retirement was handled with “high-handedness, arbitrariness and with impunity”.

The judge said Mr Machogu is a proper candidate for both exemplary and aggravated damages.

In her 67-page ruling, Justice Nambuye said the former DC, who is now a senior deputy secretary in the Ministry of Northern Kenya and Other Arid Lands, was maliciously prosecuted for corruption he was not party to.

Mr Machogu was arrested and charged before the Anti-Corruption Court for abuse of office and negligence.

He was accused of irregularly presiding over the Busia District Tender Board meeting on October 5, 1998, which recommended awarding of a contract for re-gravelling the Kimaeti-Mungatsi Buyofu road for Sh166 million.

The Provincial Administration permanent secretary wrote a letter to Mr Machogu accusing him of negligence of duty on March 23, 2005.

The PS proceeded to have the under-secretary dismissed by the Public Service Commission, “which dismissal was disguised as a retirement in public interest”.

Justice Nambuye noted that Mr Machogu had been interdicted before he was charged on February 4, 2003, “maliciously and without probable or reasonable cause”.

He was released on a bond of Sh10 million. Eventually, Mr Machogu was acquitted by the Anti-Corruption Court.

The judge noted that the trial magistrate cleared Mr Machogu of blame, saying he presided over the tender board committee, which recommended the award. It did not award the tender to Juma Construction Company Limited.