Court orders Government to pay Bowry Sh35 million for wrongful termination of his employment

By Pamela Chepkemei

The Government has been ordered to pay former Anti- Corruption Director Pravin Bowry Sh35 million for wrongful termination of his employment.

Industrial Court Judge Mathews Nduma ruled that the services of Bowry had been terminated unlawfully by the defunct Kenya Anti-Corruption Authority.

He said Bowry’s services should have been terminated strictly in accordance with the terms of his contract and the employment Act.

Bowry had asked for Sh82 million  as compensation but the court found that he was entitled to Sh35 million .

The judge further directed the Government to pay Bowry the legal costs because  the Attorney General’s advice to settle the matter before it was brought to  court was disregarded.

Bowry sued the Government last year after his services were terminated in September 2011. Bowry who had been appointed on a five year  fixed term contract argued that his services were terminated unlawfully and unfairly.

His contract would have expired in 2015.

The Ethics and Anti Corruption Commission (EACC) told the court that Bowry’s office as an Assistant Director of KACC was rendered non-existent with effect from the date the new Act creating EACC came into force on 5th September, 2011.

The Commission argued that the office of the Assistant Director (Legal Services) was abolished by the new Act and therefore the employment of the Claimant was no longer tenable.

But Justice Nduma said that the office which was held by Bowry  was unaffected by the new legislation and any termination of his employment should have been done if at all strictly in accordance with his contract of employment and the relevant law.

Bowry and three other directors of the defunct KACC lost their jobs after Parliament amended section 34 (1)  and created  EACC.