3 things that pushed Miguna out of Raila's office which he never wrote in his book
Miguna was taking home Sh80,000 (house) Sh100,000 (entertainment) Sh100,000 (extraneous) and Sh50,000 (leave) allowances
A ruling which was delivered by Justice Mohammed Warsame (now in the Court of Appeal) on December 15, 2011, shows that the Canada-based lawyer was forced to leave his job, partly due to absconding duties, namely “refusal to sign local agreement forms despite several appeals” and uncouth behavior which included “harassment, intimidation and use of abusive language to colleagues.”
On 16th day of March 2009, Mr Miguna was appointed by then President Mwai Kibaki as an advisor on coalition affairs, and was handed to him, after then head of Public Service Ambassador Francis Muthaura signed it. The appointment was for a contract period of three years.
Mr Miguna, according to the letter, was ordered to report to the Permanent Secretary Office of the Prime Minister for duties and responsibilities assignment. Three days later, he (Miguna) acknowledged receipt of the letter but disagreed with the pay package as he wanted the same package to Prof. Kivutha Kibwana. Prof Kibwana was at the time serving in the same capacity as an Advisor to the President on Coalition Matters.
The salary (Sh584,000 a month) issue was harmonized and Miguna served in the capacity of advisor to Mr Odinga until August 4, 2011, when he received a suspension letter signed by the Permanent Secretary Office of the Prime Minister.
The PS in Raila’s office, in defence, said that he acted under Raila Odinga’s orders to sack Mr Miguna.
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“I have been instructed by the Prime Minister that you be and are hereby suspended from performing the duties as the Advisor, Coalition Affairs with immediate effect for gross misconduct. While on suspension, you will not be entitled to any salary until your case is finalised," read the letter in part.
Huge pay demands
Miguna was entitled to a house allowance of Sh80,000, entertainment allowance of Sh100,000, extraneous allowance of Sh100,000 per month and a Sh50,000 leave allowance. All allowances amounted to Sh330,000 per month, exclusive of salary.
The High Court agreed that Mr Miguna indeed failed to sign the Local Agreement terms forms. The suspension letter would then convince the Court that the failure by Mr Miguna to sign the forms “meant that the applicant did not accept the offer of appointment dated 6th March 2009 and that his continued service was on a month to month contractual basis.”
Mr Miguna was also purged out on accusations that harassment, intimidation and use of abusive language was eminent in his characters, forcing his employer (Mr Odinga) to take the stern actions.
Miguna Miguna would later lose a case which he filed challenging his suspension as Prime Minister Raila Odinga's advisor.
However, the High Court dismissed the case and directed that he face disciplinary action. He was suspended without pay in a letter from the Permanent Secretary in the PM’s office Mohammed Isahakia.
Fall out with Raila
The ugly relationship between Miguna and Raila crippled in after Mr Miguna called a press conference at his residence in Runda to announce that he had declined Mr Odinga’s offer to reinstate him. He cited massive breach of the previous agreement he had entered with the former Premier.
“The statement that was released by one Caroli Omondi on behalf of the Prime Minister on December 28, 2011 – twenty four hours after our agreement – did not accurately reflect and adhere to the terms of our agreement,” Mr Miguna said making reference to the breached agreement.
“But even more egregiously, when I received a letter from the office of the Prime Minister, signed by a junior officer on behalf of the Permanent Secretary at 5.30 pm on December 28, 2011 but which was dated December 27, 2011, the form, content and tone was totally at variance with the agreement the Prime Minister and I had entered into in good faith. The letter was also inconsistent and contradicted the press statement released by Mr Omondi,” he added.
“In view of the foregoing, I hereby announce that by a letter dated today’s date and delivered to the Prime Minister already, I have declined to accept the decision to reinstate me on terms and conditions contained in the letter by one Abdul Mwasera, dated December 27, 2011,” he concluded.
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