Wednesday, December 28, 2011

Miguna back as PM's advisor



By Roseleen Nzioka
Former Prime Minister Raila Odinga’s key aide Miguna Miguna has resumed his role of Advisor to the Prime Minister with immediate effect.
According to a statement sent by Caroli Omondi, Chief of Staff to the Prime Minister, investigations into allegations of misconduct against Mr Miguna have now been completed.
"Consequently, I have the honour to convey the decision of the Rt. Hon. Raila A. Odinga, EGH MP Prime Minister of the Republic of Kenya to lift the suspension of Mr Miguna Miguna from his duties," Omondi said.
Omondi said consequently Miguna would be paid his outstanding salary and allowances in full.
Miguna Miguna, Prime Minister Raila Odinga’s advisor on coalition matters is back in the fold. Photo/Standard
"All pending judicial proceedings on this matter stand, subject to the necessary notification to the courts, terminated forthwith," Omondi said in the statement released on Wednesday.
Miguna was suspended on August 4, this year for alleged refusal to sign Local Agreement Forms, harassment, intimidation and use of abusive language to colleagues and misrepresentation of the PM’s office.
He sued the PS in the Prime Minister’s office and the Attorney General claiming he had not been served with a warning letter detailing the particulars of the allegations and according him a fair and adequate opportunity to respond.
Lost case
Miguna had lost the fight to have his suspension overturned by the High Court in mid December.
Miguna, a lawyer, learned that he was not a civil servant but a political appointee in the PM’s office. His appointment as Raila’s advisor on coalition matters could thus be terminated without reference to the Public Service Commission (PSC) regulations.
Apparently Miguna had misapprehended the procedure used to hire him. President Kibaki appointed him on March 6, 2009, through a letter signed by Head of Public Service Francis Muthaura for a three-year contract.
He was then attached to the Secretariat for the Cabinet Committee on Coalition coordination in Raila’s office.
His lawyer Nelson Havi had argued that Miguna was a public officer in the rank of a PS duly appointed by the President and was entitled to a monthly salary, allowances and benefits.
He said the PSC regulations required that he could only be suspended if convicted of a serious crime or if there were pending proceedings for his dismissal.
He applied for orders quashing the suspension, prohibiting the PS from suspending his salary and allowances and compelling him to pay the money.
The State argued that Miguna was not a public servant but had been appointed by the President under section 107(4e) of the old constitution.
The PSC confirmed that he was indeed Raila’s personal staff and not a civil servant. His reliance on the PSC regulations was thus based on misunderstanding of the law, the State submitted.
High Court Judge Mohamed Warsame concurred ruling that Miguna was correctly and clearly appointed by the President and was Raila’s personal staff. "His position was a political position which could be terminated or abolished any time, depending on circumstances," the judge ruled.
The court directed that Miguna’s disciplinary proceedings be concluded by December 30, this year.
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