A top civil servant who shot to public limelight over claims of holding multiple State jobs to the disadvantage of other deserving Kenyans, has secured a reprieve after a court threw out a petition to stop her salaries.
Ms Jennifer Gitiri, in a petition filed by rights advocate Dr Magare Gikenyi, was alleged to be holding 10 different jobs in public agencies. But Judge Lawrence Mugambi has ruled that the petition lacked merit and dismissed it.
The judge said the petitioner should have filed the complaint at the Ethics and Anti-Corruption Commission (EACC), not in court, since the matter concerned public values and compliance with leadership and integrity rules.
“It is the EACC that is legally mandated to oversee that public officers comply with values and principles under Chapter Six of the Constitution. That should have been the first port of call for the petitioner to lodge a complaint,” said Judge Mugambi.
He stated that EACC is the body that has the primary responsibility to deal with the allegations raised by Dr Gikenyi.
“It was, therefore, premature for the petitioner to institute this petition before giving EACC an opportunity to carry out an exhaustive inquiry into the allegations of breach of Chapter Six of the Constitution,” said the judge, dismissing the petition as premature.
Dr Gikenyi had claimed that Ms Gitiri held job positions at the Council of Legal Education, Kenya Law Reporting Council (KLRC), Kenya Revenue Authority (KRA), Witness Protection Agency (WPA) and Victim Protection Agency (VPA).
The petitioner also said she held positions including deputy director, Assets Recovery Agency; acting CEO, Council of Legal Education; corporate secretary, Assets Recovery Agency and acting Secretary, Council of Legal Education.
Further, she was a member of the Board of Directors of the Kenya Law Reporting Council, Victim Protection Agency and Kenya Revenue Authority as a Representative of KLRC.
“It is inconceivable and humanly impossible for Ms Gitiri to deliver on all the roles as she is perceivably overstretched,” said Dr Gikenyi.
He wanted the court to issue an order directing the ARA to collect all the monies illegally paid to Ms Gitiri by the public bodies for purposes of reimbursing the exchequer.
However, in the verdict, Justice Mugambi said the court is constitutionally bound to accord deference to coordinate branches of government and public bodies to execute their respective legal mandates.
“This petition was instituted before seeking the intervention of EACC on a matter that squarely falls within its purview and thus my opinion is not ripe,” said Justice Mugambi.
“Courts are careful not to intrude into matters that generally fall within the area of responsibility of other institutions or agencies of Government,” he added.
In her response to the petition, Ms Gitiri, who is also a lawyer, explained that she was not gainfully employed by the various public bodies outlined by the petitioner. She said her entire remuneration is solely received from the Office of Attorney-General.
She stated that the position of Deputy Director Legal Services and Corporation falls under one job description.
Ms Gitiri further explained that some of the positions complained of by the petitioner were as a result of being seconded by the Attorney-General for a period of no more than six months.
She also turned against the Petitioner stating that he too was a public servant employed by the Nakuru County government but also operated a private clinic.
