A Nairobi Court has awarded Sh 3M to the Ex-Director, Aircraft Accident Investigation, Ministry of Roads & Transport as damages over unfair termination of his job.
Judge Hellen Wasilwa while delivering the judgement said Martyne Lurther Lunani’s rights under the constitution article 41 were infringed upon by the Cabinet Secretary,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,”added Wasilwa.
The judge added that Lurther is entitled to payment of his salaries and dues with effect from the date of 1/7/2024.
In a judgement delivered on April 30/2025,the judge considered that his employer was PSC and not the ministry thus the CS erred in terminating his job.
After serious legal battle and being represented by lawyer Henry Kurauka,Lurther argued that his performance was excellent as the appaisal cobducted to him.
He contested that he was not served with the notice to not to renew his contract and he had served diligently since the year 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.
The ministry on the other hand argued that Lurther was serving on contract which contract came to an end and it was not based on a gazette notice. It argued that the application for reinstatement has been overtaken be events and should not be allowed.
PSC on the other hand supported Lurther saying that he imitated the contract renewal process with the ministry through a letter dated January 15,2024 it requires and the ministry only responded on July 10/2024.
Through Lawyer Kurauka, the Petitioner persuaded the court that hisrights were violated.
“ In view of this,it is evident that the ministry errered in deciding not to refer thev 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 extention of his contract,”added Wasilwa.
The contract was to terminate on 17/7/2024 as per the contract on 15/1/2024,Lurther gave notice of his desire to have the contract renewed again for a further 3years.
Through a letter dated July 28/ barely 3 weeks before the contract terminated,the petitioner was informed that he should proceed on annual leave as per HR procedures.
The length of annual leave was not indicated . In a lettrer of July 10,2024 the petitioner was informed that his contract will not be renewed.
He contended that he was not granted 2 months notice as envisaged in the contract of their failure to renew it.
