Ex-Migori county executive gets Sh3.6m for unfair dismissal

Former Migori county government executive for Public Works, Roads and Transport has been awarded Sh3.6 million by the Labour court for unfair dismissal.

Erastus Onyango Nyamori will also be paid gratuity for 15 months he served in the county government.

Justice Stephen Radido ordered that the gratuity be computed.

Mr Nyamori was appointed as the County Executive Committee member for Public Works, Roads and Transport by Governor Okoth Obado in May 2013.

However, on April 22, 2014 a motion was introduced before the County Assembly for his removal on the grounds of incompetence, abuse of office, gross misconduct and gross violation of both the Constitution and the law.

Before the motion could be passed, the Governor reorganised his government and Mr Nyamori’s name was missing from the new Cabinet list.

He moved to court alleging unfair termination of employment and seeking reinstatement.

Justice Radido ruled that the removal of the claimant was tainted with “procedural infirmities” and was devoid of any due process despite the protection assured to public officers by both the Constitution and the applicable statutes.

The court noted that Mr Nyamori was to serve for five years, but worked for only 15 months.

He said the county government did not demonstrate through evidence that the governor, as the appointing authority, followed any due process before removing Mr Nyamori through reorganisation of the county government.

The governor and the county government had argued that the removal was in tandem with section 31(a) of the County Governments Act.

The provision empowers a Governor to remove a county executive committee member at any time if he considers it necessary and appropriate.

But the judge cited a decision of the Court of Appeal where it was held that Section 31(a) of the County Governments Act (CGA) does not allow the governor to dismiss members of the county executive without observing any procedures or assigning any reasons.