Nyeri Court orders reinstatement of Cecilia Ndung'u

Nyeri, Kenya: Nyeri governor Nderitu Gachagua has suffered a setback after the Industrial High Court in Nyeri ordered the reinstatement of a County Executive Member he had sacked.

Cecilia Ndung'u, the Nyeri County Executive Member for Culture, Gender and Social Development had been fired from her post in June but the court has declared her sacking unconstitutional.

She moved to the judiciary to challenge the governor's and county government's decision to relieve her of her duties saying that she was unprocedurally sacked.

Through the petition, she asked the court to declare her termination null as it was unconstitutional. She also asked the court to stop her dismissal until it had fully determined her petition.

Additionally, she sought to block the respondents from appointing any other person to assume her former role unless they were willing to pay her full dues up until the time her term in office would expire.

Through Justice Joram Abuodha, the court had the executive member temporarily reinstated as it heard the petition challenging her dismissal from the county office.

Justice Byram Ongaya ruled that the termination of Ms Ndungu was against her constitutional rights and thus she was entitled to remain in her position as the CEC.

The respondents in the petition, Nyeri County Government and Governor Nderitu Gachagua, had through their lawyer, Wahome Gikonyo argued that the petitioner was in office at the pleasure of his clients.

Therefore they (his clients) enjoyed the entitlement to terminate the petitioner's service without assigning reason in the exercise of the pleasure doctrine.

Their submission, in part, read that "The petitioner (Ndung'u) just like Ministers of the crown held office at the pleasure of the Governor of Nyeri thus could not question her dismissal from office.

They invoked section 31(a) of County Governments Act, Number 17 of 2012 which states that the governor "may dismiss a county executive committee member at any time, if he considers that it is appropriate for or necessary to do so".

In the ruling, the court determined that Gachagua and the County Government had no entitlement to terminate any member of the executive without assigning reason or following the process stipulated.

The court ruled that the pleasure doctrine did not exist in the Kenyan Constitution.

Ms Ndungu was appointed to serve in the capacity of county executive on September 28, 2013. She was relieved of her duties nine months later and moved to court to block her termination labeling it a breach of her constitutional rights.