The employment and labor court has given digital strategist Dennis Itumbi Ksh.631,400 in compensation for his wrongful removal from public service in 2020. Itumbi was fired without just cause.
Itumbi filed a lawsuit against the Public Service Commission (PSC), the former comptroller of the State House, the former Interior Cabinet Secretary and the former Attorney General in the case that was heard and decided by Judge Jacob Gakeri.
He said that he was assigned the post of Senior Director, Digital, Innovative, and Diaspora Communication, Job Group T, for a term of three years beginning on July 2, 2014, through a letter dated July 9, 2014.
The beginning remuneration of Kshs.213,640 was negotiated and agreed upon, and it was paid out until July 2, 2015. After that, it was raised to Kshs. 232,960 for the remainder of the term until July 1, 2016. On July 1, 2017, he received a another raise, which brought his yearly salary up to Kshs.254,000.
According to a portion of the paperwork that was submitted to the court, “The Petitioner (Itumbi) avers he accepted the appointment and executed his obligations professionally and fastidiously.”
According to the court documents, the former comptroller of the State House informed Itumbi that he had been given 6 years of increment for acceptable experience and that his income had been raised to Kshs.302,980 per month because of Itumbi’s great performance.
Itumbi’s employment agreement would eventually be extended on May 15, 2018, for a further term of three years, at which point he would receive a salary of Kshs.315,700 per month.
Itumbi said that he was notified that he had been sacked from his position in March 2020, during the COVID-19 Pandemic. The reason given for his termination was “on account of abolition of the post after a re-organization of Government,” Itumbi said.
As a result, after making his conclusion, Judge Gakeri concluded that the termination was unlawful and ordered that he be granted the equivalent of two (2) months’ pay, which is Ksh.631,400 (Ksh.315,700 times two).
In addition, Judge Gakeri wrote in his opinion that Itumbi had in fact worked for the government for about 5 years and 8 months, and that he had not received a warning letter or been disciplined in the time leading up to his firing.