Blow to CS Chirchir after Lady Justice Hellen Wasilwa of the Employment and Labour Relations Court quashed the decision by the then CS Murkomen to sack Martyne Lurther Lunani as the Director of Aircraft Accident Investigation.
Ministry of Roads & Transport. Through Lawyer Henry Kurauka, the petitioner persuaded the court that his rights were violated.
The court ordered the Public Service Commission to re-engage Martyne Lunani; pay him salary arrears with effect from 1.7.2024 to date; grant a declaration that his constitutional labor rights were violated; and order the CS, Roads & Transport to pay him damages of Kshs. 3 million.
Judge Hellen Wasilwa, while delivering the judgment, said Martyne Lurther Lunani’s rights under the constitution’s 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 Luther is entitled to payment of his salaries and dues with effect from the date of 1/7/2024.
In a judgment delivered on 30, 2025, the judge considered that his employer was PSC and not the ministry; thus, the CS erred in terminating his job.
After a serious legal battle and being represented by lawyer Henry Kurauka, Luther argued that his performance was excellent, as the appraisal conducted for him showed.
He contested that he was not served with the notice to not 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 Luther was serving on a contract, which came to an end, and it was not based on a gazette notice. It argued that the application for reinstatement has been overtaken by events and should not be allowed.
PSC, on the other hand, supported Luther, saying that he initiated the contract renewal process with the ministry through a letter dated January 2024, and the ministry only responded in July 2024.
Through Lawyer Kurauka, the petitioner persuaded the court that his rights were violated.
“Given this, it is evident that the ministry erred in deciding not to refer the request of the petitioner to the PSC for consideration. This breaches his labour rights under the constitution, which subjected him to unfair treatment in the face of his request for an extension 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 3 years.
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 letter of July 2024, the petitioner was informed that his contract would not be renewed.
He contended that he was not granted 2 months’ notice as envisaged in the contract due to their failure to renew it.
