By Martin Masai
A definitive court ruling has sent shockwaves through the Wavinya Ndeti Government over irregularly dismissal of a Minister.
Justice Stella Rutto declared the dismissal of former Education Minister Philip Mutua Kilonzo to be a gross violation of constitutional and labor laws and ordered the county government to cumulatively pay him Kes 12million as compensation.
While the minister was dismissed for alleged dismal performance, those who know the matter say the real issue was conflict over land with the governor Mavoko in Sub-County.
The judgment, delivered in a courtroom filled with both former and current county officials, found that Governor Wavinya Ndeti acted with procedural impropriety when she summarily sacked Kilonzo in late 2023 without according him the right to a fair hearing or proving the claims of “untenable performance.”
Justice Ruto did not mince words in her assessment, noting that the “clean-up” of the county executive must never be used as a veil to bypass the mandatory protections afforded to public servants.
The court subsequently awarded Philip Kilonzo a total sum of KSh 4,212,285, a figure that covers twelve months’ salary as compensation for the unfair termination, unpaid gratuity for his period of service, and the full salary arrears accumulated during the protracted legal battle. He is also entitled to costs of the suit. The county was unreprsented during the delivery of the judgement.
The judge emphasized that the Governor’s administrative prerogative to form her cabinet does not grant her a license to disregard the Employment Act, which requires clear evidence of incapacity or misconduct before a dismissal can be finalized.
This landmark decision has immediately heightened tensions within the county treasury, as legal experts predict it will trigger a massive beeline of other irregularly dismissed staff to the courts.
The administration has been dismissing officials without communication. The only discover their fate after their names are omitted from the list of re- appointments or new appointees. All the notices are traditionally signed by the County Secretary and Head of Public Service Dr Muya Ndambuki.
Since the transition into the current administration, dozens of high-ranking officers such as ministers, Chief Officers, Directors, low cadre and revenue collectors have been sent home under similar circumstances, and this ruling provides the legal blueprint for them to seek millions in similar damages- which, unfortunately, will be paid by tax payers.
As the county government prepares for the financial fallout of the Kilonzo award, the judgment stands as a stern judicial reminder that political reshuffles must remain within the rails of the law or face a steep price from the public coffers.
The Anchor will shortly publish the entire judgement.
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