Top government officials in Nairobi who illegally and un-procedurally sacked a gazetted District Registrar of Persons have for eight years defied court orders to reinstate him to his job after the court found him innocent and cleared him off any wrong doing.
They have also completely denied him salary and allowances, particularly medical despite having worked for the government for more than 20 years only to be illegally sacked on trumped up charges.
The officials include the Principal Registrar of Persons who wrote the interdiction letter, the Principal Secretary the ministry of State Department of Immigration and Registration of Persons and the Secretary the Public Service Commission who conspired in collaboration with police to have the gazetted officer Silvanus Barasa Ouma sacked from his job.
The illegal dismissal letter was written and signed by Mrs. J.K. Gichomo for the ministry’s then Permanent Secretary on February 1st, 2008 when the then Principal Magistrate at the Garissa Provincial law courts Mr. S.M. Kibunja declared him innocent on February 19th, 2008 clearly showing that Mrs. Gichomo had defied the court even before it made its judgement on the accusations that had been levelled against Mr. Ouma.
Mrs Gichomo had written Ouma’s interdiction letter on June 13th, 2007 based on false allegations that Ouma had been arrested and charged court with assumption of authority contrary to section 104(c) of the penal code which was not the case even after sending investigators from Nairobi to Garissa to investigate the matter.
Though he was the District Registrar of Persons in charge of the then Kisumu District, he was hauled all the way to Garissa where he was duped by the then Officer Commanding Garissa Police Station (OCS) to go and verify some stores that had been recovered believed to belong to his department, only to be arrested and charged with “stealing by a person employed in the public service contrary to section 280 of the penal code.”
Ironically he was being accused in a court of law of having stolen in November 2006 from Ijara District Registrar of Persons office when he had
already been transferred from that station more than a year earlier and serving at his new posting in Kisumu more than 1000 kilometres away by road not to mention the then dangerous insecurity situation in the Garissa region.
Fully knowing that the court had not yet determined the matter, Gichomo went ahead to write the February 1st, 2008 dismissal letter for Mr. Ouma saying: “This is to convey to you the decision of the “Authorised Officer” that you be dismissed from the service with effect from 28th, November 2006 on account of gross misconduct.”
She went on: “You are therefore required to return enclosed Official Secrets Act Declaration form duly signed and witnessed together with civil servants identity card as soon as possible to this office for cancellation. In accordance with the public service commission’s regulations, you are at liberty to appeal against the decision within a period of six (6) weeks from the date of this letter.”
Despite the obvious contempt of the court proceedings which were still going on and the judgement delivered by SPM Mr. Kibunja the Director of the Registration of Persons, the Principal Registrar, the P.S. and the boss of the TSC have continued to defy the rulings including Mr. Ouma’s dozens of pleas and appeals since the year 2008 to date.
In his judgement Mr. Kibunja declared: “The 3rd accused (Mr. Ouma) by signing the forms as it is highly probable he signed them innocently (As District Registrar of Persons Ijara). Therefore the prosecution has failed to prove any case against him on the three counts levelled at him, therefore the 3rd accused is given benefit of doubt and acquitted.”
However, two other former civil service employees who were then working in Garissa at that time were found guilty and dully penalised by the same magistrate. They had been arraigned in court as accused 1 and 2 though they faced other charges.
Despite the many applications and appeals that Ouma has desperately made over the last eight years after the matter was determined by the then Garissa Senior Principal Magistrate, they have all fallen on deaf ears.
The worst aspect of the entire mess is the fact despite having been promised a half salary on being served with a premature interdiction, that promise was never fulfilled crowned by total denial of his salary and allowances all those years despite having served in the civil service for more than 20 years.
It is also ironical to note that in her dismissal letter Gichomo backdated it to November 28th, 2006 when writing it on February 1st, 2008 clearly showing that there malicious intentions involved, otherwise why did she backdate the whole business when she knew very well that the matter was still pending in court and procedure required that it must be heard and determined before any action could have been taken against Mr. Ouma?