The decision by Maasai Mara University to sack top officials linked to the alleged misappropriation of over Sh177 million in the Maasai Mara has come back to haunt it.
The institution is to compensate whistleblower Spencer Sankale in the expose dubbed ‘Mara Heist’, and Vice-Chancellor Mary Walingo more than Sh84 million slapped on it by the High Court for unlawful dismissal.
Other officials linked to the expose aired by a local media house are seeking reinstatement.
The Employment and Labour Relations Court in Nairobi, on July 5, ordered the University to pay Spencer over Sh3.1 million as compensation for unfair dismissal.
Judge Buddha Nelson Jorum, in a judgment dated July 5, 2024, noted that dismissing Spencer summarily was intended to silence him from whistleblowing at the university.
“Accountability and prudent use of public funds is one of the core values of our governance structure. To terminate the petitioner’s service on account of one of the critical elements of our national values ought to be frowned upon. The Court, therefore, deems it a proper case to award the petitioner the maximum of 12 months’ salary as compensation for unfair termination as provided for under section 49 of the Employment Act,” ruled the court.
In September 2023, the Employment and Labour Relations Court in Nakuru ordered the University to pay Vice Chancellor Mary Walingo over Sh81 million for wrongful dismissal.
Justice Hellen Wasilwa ruled that the university owed Prof Walingo Sh81,019,348 in outstanding salaries and allowances since her dismissal in May 2020.
Walingo was interdicted on May 12, 2020, and suspended on August 28, 2020. She was later dismissed by the university council on January 31, 2022. Aggrieved, she complained to the Public Service Commission. She claimed the University stopped paying her after her interdiction.
The PSC reinstated Walingo on September 6, 2022, but directed that she remain suspended and on half salary until her theft case is concluded
Years later, Walingo and four others were cleared of the charges after the High Court in Nakuru declared that the threshold to sustain the alleged stealing of funds had not been met. This has since left the institution with an egg on its face.
Steve Biko, one of the lawyers, said the university had requested a meeting with them. He said their clients have to be reinstated in the payroll.
