Former Public and Principal Secretary Lilian Omollo has been awarded one shilling for unlawful dismissal. A judge has ruled that the removal of former PS Lilian Omollo from the government’s payroll was unconstitutional.
“The petitioner was not subjected to due process now was she reasons for the removal from the office underhand of the President. She was ingeniously notified that her tenure had ended because of replacement had been appointed,” Justice Stephen Radido said.
Former PS Lilian Omollo found herself in law history books after Labour judge Justice Stephen Radido awarded her one shilling as compensation.
Nominal damages normally refer to a ‘small sum of money awarded as damages to someone who has suffered a legal wrong but no actual financial loss.
According to the judge, civil servants have a legitimate expectation that being public officers, due process as envisaged under Article 236 of the constitution would be observed in the process of their removal from office
The judge said that former PS Omollo, who is currently battling corruption charges was found to have unexplained wealth, the amount awarded adequate compensation for the violation of her rights
Ms. Omollo has already filed an appeal against a decision of the High Court which found that the more than 33 million shillings she held in various accounts were proceeds of crime.
On May 12th, 2020, the Head of the Public Service Joseph Kinyua wrote to the Cabinet Secretary, Ministry of Public Service, and Gender Prof Margaret Kobia, informing her that he had removed Omollo from the payroll upon a new appointment to replace her.
In return, Prof Kobia wrote to the former PS on May 19th, 2020, informing that her tenure had lapsed upon the appointment of another person to the office she held.
This followed charges being preferred against Omollo over the National Youth Service (NYS) graft storm. She complained that despite being presumed innocent until proven otherwise, the state unfairly withheld her salary since 2018.
In reply, the government said is a presidential appointee, MS. Omollo held an office of the public trust and because she had been charged with corruption offenses, she was suspended as expected under Section 62 of the Ant-Corruption and Economic Crimes Act.
Anticorruption court judge Justice Mumbi Ngugi found that Omollo had acquired her wealth against the law. She was ordered to forfeit 33.6 million shillings to the state.