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Kirinyaga Governor Anne Waiguru. PHOTO | FILE | NATION MEDIA GROUP
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A court has ordered Kirinyaga Governor Anne Waiguru to pay former county employee Sh3.3 million for unlawful dismissal.
Justice Nzioki wa Makau of the Labour court in Nyeri ruled that Ms Waiguru’s decision to sack Ms Judy Kinyua in September last year over incompetence and underperformance, was illegal and contrary to the law.
LAW
“Whereas the governor has undisputed right to dismiss a county executive committee member, in doing so, the governor must follow the provisions of Section 40 of the County Governments Act,” said Justice Makau.
He noted that in sacking a county minister, the County Assembly has to pass a resolution requiring the governor to dismiss the official from service.
“The motion in the county assembly seeking the dismissal must be supported by at least one-third of all the members of the county assembly,” he stated.
Justice Makau said that the reasons for sacking a CEC must be either incompetence, abuse of office, gross misconduct or failure to attend three consecutive meetings for the executive committee.
Other reasons include physical or mental incapacity rendering the minister incapable of performing duties and gross violation of the constitution.
In the Kirinyaga case, Justice Makau found no resolution of the County Assembly was passed and if there was any, none was produced in court to signify the process was in accordance with the law.
Through lawyer Wahome Thuku, Ms Kinyua said reasons of her dismissal were not valid and compelling. Mr Thuku said his client had legitimate expectations her appointment would not be arbitrarily terminated before end of the governor’s elective term in office.
The court heard that Ms Kinyua, upon appointment, made several financial commitments, including securing a car loan, so the sacking had adverse financial effects.
But Justice Makau said though she has legitimate expectations, the court cannot grant her anticipated salaries till the expiry of her term.
The governor and her government had responded that the dismissal was proper and was not arbitrary, adding that Ms Kinyua had not suffered any prejudice.
A letter dated August 6, 2018 shows that Ms Kinyua was sacked over alleged failure to implement budgeted programmes and projects in the 2017/18 financial year.