EACC lawyer sues over internal disciplinary process

A lawyer working for the Ethics and Anti-Corruption Commission (EACC) wants the labour court to stop disciplinary proceedings against her for alleged misconduct.

The EACC accuses Ms Damaris Ndinda of failing to defend and safeguard the agency’s interests in a land case in Machakos.

The agency had gone to court to try to recover the Machakos prison land that was believed to have been grabbed by private persons.

Ms Ndinda is said to have mishandled the case by recording a consent in court allowing parties to amend pleadings without permission from the EACC.

She is also accused of consenting that three parties with no registrable interest in the matter be enjoined in the lawsuit.

She also allegedly failed to file defences against counter-claims, exposing the EACC to a possible loss of Sh36 million, as well as failing to file a response to amended defences and counter-claims.

Ms Ndinda appeared before an internal investigative panel on two occasions. Though she cooperated in the first session, she declined to be questioned on how she had handled the Machakos Prison land matters and refused to answer more queries.

This prompted the EACC to open disciplinary proceedings against her.

Court records show that she was issued with a notice to show cause on October 8, pursuant to the EACC’s internal disciplinary procedures.

She responded on October 25 but supervisors were dissatisfied with her responses and recommended that the matter be heard by the EACC’s disciplinary and conflict resolution panel.

The disciplinary hearing was set for December 29 and 30 and relevant documents were made available to her. The hearing was intended to allow her to explain her actions or inactions and to cross-examine witnesses.

But she instead went to the Employment and Labour Relations Court and obtained temporary orders stopping the EACC from taking disciplinary action against her.

The case will be heard on February 8.

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