Court awards former Aircraft Accident Investigation director Sh3M
Judge Hellen Wasilwa said Martyne Lurther Lunani’s rights under Article 41 of the Constitution were infringed upon by the Cabinet Secretary for Roads and Transport.
“An order is issued that the petitioner be re-engaged by the Public Service Commission in a position commensurate with his services in the PSC since the position has been filled,” Wasilwa added.
The judge further ruled that Lurther is entitled to payment of his salaries and dues with effect from July 1, 2024.
In a judgment delivered on April 30, 2025, the judge found that his employer was the Public Service Commission and not the ministry. The CS therefore erred in terminating his job.
Ex-director challenges unfair termination
After a lengthy legal battle, Lurther, represented by lawyer Henry Kurauka, argued that his performance had been excellent based on the appraisal conducted on him.
He also argued that his employer did not serve him with a notice stating that it would not renew his contract. He said he had served diligently since 2012.
“There was no disciplinary case against my client. He was even allowed to work beyond the contract term as per Gazette Notice No. 4494 of 19/4/2024 and another investigation he was involved in on 31/5/2024.”
Ministry defends contract termination
The ministry, however, argued that Lurther served under a contract that had come to an end. It maintained that the contract did not depend on a Gazette Notice.
The ministry further argued that the application for reinstatement had been overtaken by events and should not be allowed.
The Public Service Commission, on the other hand, supported Lurther’s case. It said he had initiated the contract renewal process with the ministry through a letter dated January 15, 2024.
The PSC said the ministry only responded on July 10, 2024.
Court finds violation of labour rights
Through lawyer Kurauka, the petitioner persuaded the court that the ministry had violated his labour rights.
“In view of this, it is evident that the ministry erred in deciding not to refer the request of the petitioner to PSC for consideration. This breaches his labour rights under the Constitution, which subjected him to unfair treatment in face of his request for extension of his contract,” Wasilwa added.
The contract was due to terminate on July 17, 2024. On January 15, 2024, Lurther gave notice of his desire to have the contract renewed for another three years.
However, through a letter dated June 28, barely three weeks before the contract ended, the petitioner was informed that he should proceed on annual leave in line with HR procedures.
The letter did not indicate the length of the annual leave.
Later, in a letter dated July 10, 2024, the petitioner was informed that his contract would not be renewed.
He argued that the ministry had not given him the two months’ notice required under the contract regarding its decision not to renew his employment.
