OMUTHIYA – The Omuthiya town council has been operating without a substantive CEO for nearly a year now, as former chief executive officer Samuel Mbango continues to challenge the non-renewal of his contract in the labour court.
The matter logged by Mbango is still unresolved a year after his contract was not renewed.
Mayor Katrina Uusiku declined to comment the status of the legal battle.
“I am also still waiting to hear what the final outcome out the case will be. For now, I cannot comment anything,” she stated.
The parties are waiting for the verdict to be delivered soon. The town council was advised by its lawyers to reinstate Mbango or offer a settlement payment, New Era was informed.
The labour inspector presiding over the matter, Martha Shipushu, refused to shed light on the case, citing client confidentiality.
Mbango’s contract, which expired on 31 August 2019, was not renewed after a unilateral decision of four council members, consisting of Uusiku, her deputy Heskiel Nanyeni and management committee members Beata Nashongo and Enos Shipahu voted against the renewal.
No reasons were provided apart from quoting a council resolution, stating that: “based on a June 3, 2019 resolution no MC31/05/2019, the item regarding your employment contract was discussed and it was resolved the position you are currently holding as a Chief Executive Officer will be advertised and you have the right to apply”.
Mbango then dragged the council to the labour court, claiming unfair dismissal after his contract could not be renewed without merit.
He was issued with a termination notice on 10 June, something he disputed was in contravention of his employment contract that required a three-month notice.
In addition, he claims council failed to provide sufficient reasons as to why he could not be reappointed, considering he was not charged for misconduct or underperformance, a stance to which former urban and rural development minister Peya Mushelenga concurred with.
In September last year, before the case was lodged, Mushelenga advised council to comply to avoid legal disputes.
Mushelenga also informed council then that there was no evidence pointing out why the former CEO could not be reappointed.
“In terms of section 27 (3) (b) (I) of the Local Authorities Act no. 23 of 1992 as amended, council is obliged to have given the CEO a written notice of its intention to retain his service or not before the end of his contract. I have not been given evidence that this legal requirement has been complied with,” Mushelenga said.
2020-08-10 09:08:48 | 1 months ago