Machakos County government has been faulted for unfairly terminating the services of a county executive committee member for allegedly stating that governor Wavinya Ndeti’s government would serve for one term.
The Employment and Labour Relations court ruled that the claims against Philip Mutua Kilonzo were not proved, and the devolved unit failed to accord him adequate time to respond to the allegations leveled against him.
The court awarded him one month’s salary instead of notice and damages equivalent to five months’ salary plus gratuity, totaling Sh4.2 million.
According to the court, the county government failed to present any evidence to substantiate the claims, and there was no indication of when he made the statement; therefore, the claims amounted to hearsay.
“Overall, the court finds that the reasons provided for the termination of the claimant’s appointment as county executive committee member were not supported by evidence and therefore, cannot be regarded as valid or compelling,” said the court.
Mr Kilonzo told the court that he was appointed the county executive member for land, urban development, housing, and energy. He was later redeployed to the Education docket but was terminated on October 9, 2023.
He said he was given the notice to show cause on a Friday and terminated the following Monday.
The county government opposed the case, saying he was given a chance to respond to the allegations leveled against him.
It also said he was issued a notice to show cause, stating the accusations. The former CEC was accused of alleging that the county government would serve for one term only, a claim that he made while at Matuu State Lodge.
The court said since the county made specific claims against Mr Kionzo, it was incumbent it to prove the allegations and demonstrate that the reason for terminating him was both valid and compelling.
The court added that the three days granted to him to respond to the notice to show cause were relatively short, given the gravity of the allegations levelled against him.
According to the court, there was no evidence confirming that he participated in the irregular subdivision of the public land or that he was complicit in the unlawful subdivision and allocation of the alleged property.
The court noted that Mr Kilonzo maintained that he had never visited the land in question or signed or lodged any document relating to the property.
The court said that although the governor has the authority to dismiss a CEC member, the power must be exercised fairly. The judge said the dismissal must satisfy the requirements of fairness, must be supported by a valid reason, and must be carried out through a process that is fair.
“Such a decision must be exercised reasonably and based on valid and compelling grounds. A governor may dismiss a CEC member on legitimate reasons and for the public good, subject to due process being followed,” said the court.
