Court Orders Magistrate Who Showed Up To Work Drunk Be Paid Sh1.2M

The High Court has ordered the Judicial Service Commission (JSC) to pay Sh1.2 million to a magistrate who was sacked for being habitually drunk while on duty.

The Sh1.2 million awarded was the salary withheld during the magistrates interdiction from September 2, 2016 to February 9, 2017.

Justice Byram Ongaya noted that the JSC did not follow the rule book while interdicting former Senior Principal Magistrate Simon Rotich Ruto, further noting that Mr Ruto should be paid accrued salaries and benefits.

Justice Ongaya also removed parts of the law that bars the commission from giving interdicted judicial officers office orders, minutes, reports or recorded reasons for decisions made on probes involving them.

Although the judge refused to reinstate Mr Ruto, he held that the JSC went against the law by allowing Chief Registrar Anne Amadi to commence charges against him and interdict him, as the law allows only the Chief Justice to take such actions.

At the time of Mr Ruto’s interdiction, the Office of the CJ was occupied by Supreme Court Judge Mohammed Ibrahim as Dr Willy Mutunga had retired in June and the process of appointing his successor had not been completed.

Mr Ruto was initially interdicted on January 17, 2015, the JSC while investigating found he had developed a serious disease as a result of overconsumption of alcohol, but opted to give him a second chance.

On July 8, 2015, the magistrate was transferred to another station to resume duty after agreeing to conditions for his reinstatement.

On September 2, 2016, Ms Amadi addressed a charge to Mr Ruto over showing up to work while drunk on August 25 and 26, 2016, during hearing, Mr. Ruto confessed that he took four shots of Smirnoff vodka before returning to the chambers on August 24th.

Promising to change fell on deaf ears as the JSC decided to sack him. Mr. Ruto then filed a suit seeking reinstatement, challenging part of section 23 of the Third Schedule in the JSC Act.

Justice Ongaya ruled that the JSC went above and beyond to help Mr Ruto and did no wrong in parting ways with him.

“To the extent that the interdiction was empty of the requisite authority and was ultra vires, null and void ab initio, the petitioner is awarded the withheld pay during the interdiction, and as prayed for, at Sh1,275,501.” He However ruled.