BUSINESSDAILYA judge has quashed the interdiction of a senior official at the National Communication Secretariat who has been on suspension since last June and ordered the agency to pay more than Sh8.7 million arising from unpaid salary.
Justice Jacob Gakeri ruled that Ms Nelly Nandwa was subjected to unfair labour practices for being forthright in undertaking her duties and upholding the principles of her profession.
The court heard that Ms Nandwa was suspended for refusing to authorise irregular payments.
Justice Gakeri noted that the number of audit queries at the agency by the Auditor General signified a dysfunctional organisation where taxpayers’ money was being paid out without regard to the law, procedures and government circulars.
“In the face of such impunity, it would be injudicious not to sympathise with the petitioner’s case that she is being punished and harassed because of being honest and forthright in undertaking her professional duties as an accountant and upholding the ethical principles of the profession,” the judge said.
The employer, an entity under the Ministry of ICT had dismissed claims that she was employed as the head of finance and accounts but was just an accountant.
The judge, however, said MS Nandwa demonstrated that she was indeed discharging the functions of the office of head of finance and accounts.
The court heard that she refused to demand from the communication secretary to process alleged illegal expenditure, triggering trumped-up charges against her and eventual suspension.
Ms Nandwa told the court that she was employed in 2005 as a clerical officer and then promoted to head of the department of Finance and accounts.
She said the agency has been involved in acts of financial impropriety whereby illegal expenditures have been incurred against her express advice.
Ms Nandwa further said the agency has been subjected to investigations and reprimanded by Auditor General and Ethics and Anti-Corruption Commission (EACC).
And for pointing out the anomalies, she was removed as a signatory to the bank accounts and later discovered massive irregular expenditure, after doing a reconciliation of bank balances.
She claimed to have been pressurized to authorise payments to some members who were on a foreign trip and reported to be facing difficulties paying their hotel bills.
According to the official, the budgetary allocation for the foreign trips had been depleted by then, making any approval irregular.
Despite being the head of finance, she was earning less than her colleagues heading other departments and on a lower job grade.
The agency claimed that Ms Nandwa misunderstood her job contract and terms of services because she is an accountant.
The court heard that her job grade is spelt out in her appointment and contract renewal letters, which she has always accepted and signed.
Further, she has no responsibility to approve or authorise payments, halt or reverse the same where it has been duly approved by the accounting officer.
The agency said EACC investigated the foreign trips and found no evidence of wrongdoing.
The employer accused her of travelling out of the country without proper clearance and was issued a show cause and warning letter.
She was then suspended to allow the parent ministry to carry out investigations and placed on half salary with full house allowance and medical cover.
The court found that her trip to Nigeria and Norway was approved.