Gov’t Appeals Against Ruling Awarding Former PS Lillian Omollo One Shilling for Unlawful Dismissal

The government through the Office of Attorney-General has filed a notice of appeal against the High Court judgment that awarded former PS Lillian Omollo one shilling for unlawful dismissal.

The office of the AG in the notice says it was dissatisfied with the ruling made by Justice Stephen Radido of the Employment and Labor Relations Court.

“Take notice that the respondents (AG and CS Public Service) herein being dissatisfied with the decision and /or orders of Justice Stephen Radido given in Nairobi on October 21st, 2020 via Microsoft teams, intends to appeal to the Court of Appeal against the whole of the decision and /or orders,” the notice reads.

Last month, Justice Radido ruled that the removal of Ms. Omollo from the government’s payroll was unconstitutional as she was not subjected to due process as provided under Article 236 of the Constitution.

The judge added that the applicant was not given reasons for her 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 said.

He awarded her Sh1 compensation for the violation of her rights, saying the amount was adequate as Ms. Omollo, who is fighting corruption charges in relation to the NYS scandal, was found to have unexplained wealth.

“The petitioner is awarded a nominal one shilling for the violation of her right to due process,” he ruled.

In her petition, Ms. Omollo argued that she was still presumed innocent and was entitled to half-pay pending the hearing and determination of her corruption case.

She was appointed PS in December 2015 and three years later she was charged with corruption among other offenses.

Ms. Omollo also sought general damages for the breach of her constitutional rights and the right to legitimate expectation.