Kirinyaga Governor Ann Waiguru has been ordered to pay over shilling 3.3 million to former County executive committee members sacked over alleged incompetence and underperformance.
Employment and Labour Relation Judge Nzioki wa Makau ordered Waiguru to pay Judy Wathata Kinyua (Gender and Social Services) shillings 3,118,500 twelve month’s salary as compensation for the unlawful dismissal.
The judge further ordered the sacked county CEC to be paid a one month salary of shillings 259,875.
The judge found that the dismissal did not follow the law.
“Reflecting these provisions against the grounds advanced in the suspension letter and the dismissal letter, one can only reach the inescapable conclusion that the dismissal did not follow the law,” said Nzau.
The learned judge said that though the governor has a right to dismiss a county executive committee the Governor must follow the provisions of Section 40 of the County Governments Act.
“Whereas the Governor has an 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,” added the judge.
The judge found that no resolution of the house was passed and if any was passed none was availed to Court to signify the process was in accordance with the law.
” The Petitioner is merited in seeking redress from Court. However, though she has legitimate expectations, the Court cannot grant her anticipated salaries till the expected expiry of her term,”
Judy was seeking a declaration that the act of the Kirinyaga County in relieving her duties is a breach of her constitutional rights under Articles 27(1), 41(1) & (2), and 236(1)(b) of the Constitution of Kenya and that the same is null and void;
She also applied for the order of judicial review to remove into the honourable court and quash the decision of the county government from relieving the her duties as Member of the County Executive Committee in charge of Gender, Culture and Social Services.
Judy was seeking compensation of Sh19.2 million for wrongful dismissal saying upon appointment she made several financial commitments including securing a car loan and that the dismissal from office had adversely affected her finances.
The former Kirinyaga county Gender and Social Services Judy Wathata Kinyua sued her former Governor, Anne Waiguru, and the county government at the Labour Relations Court in Nyeri for termination of their employment.
In her petition she had legitimate expectation that her appointment would never be terminated arbitrarily and without reason or justification before the end of the Governor’s elective term.
Before she was appointed into the devolved government, Ms Kinyua was engaged in professional consultancy on gender affairs.
“Prior to the suspension, the petitioner had never been given any warning whether in writing or in any other form by the Governor regarding her performance. She had never been summoned or interrogated by the County Assembly,” said Mr Thuku.
He claimed the suspension was merely an action to kick-start the termination process which had already been mooted and decided upon by the Governor “without any reasons and for selfish ends”.
Judy was suspended to allow investigations into her suitability, the lawyer said she was not provided with details of the said probe neither was she called to defend herself before any authority.