Court dismisses sacked Siaya County clerk case

The Employment and Labour Relations Court in Kisumu has dismissed a lawsuit filed by Felix Olwero, the former Clerk of the Siaya County Assembly challenging his dismissal.

Olwero had accused the county assembly of acting with malice and improper motive in terminating his employment and revoking his appointment.

However, in a judgment delivered on June 19, 2025, Justice Nzioki wa Makau held that Olwero could not prove malice and improper motive.

Olwero went to court seeking to be reinstated or compensated with 12 months gross salary by the county assembly of Siaya following his dismissal from work.

He informed the court that he was wrongfully accused of unlawfully withdrawing a Sh2 million car loan and mortgage fund on September 1, 2015.

"Through an amended memorandum Olwero instituted a suit alleging unlawful termination. He said that he was employed by the county assembly on July 30, 2014 but was later suspended for three months and put on half salary following an alleged unlawful withdrawal of Sh2 million," the court heard.

Justice Makau ruled that Olwero was liable to disciplinary action and had unfortunately declined to take advantage of the avenue provided by the county assembly.

"The foregoing is indicative that Olwero was susceptible to action for misconduct, and he unfortunately declined to take advantage of the avenue provided at the county assembly. I would find he did not prove malice or improper motive in the case before me and therefore it suffers the fate of dismissal," ruled the judge.

However, Justice Makau directed that each party should bear its own costs, citing the hardship Olwero had endured since losing his position.

Olwero informed the court that following his termination, he was later summoned to appear before a disciplinary select committee on April 30, 2024. He claimed he was involved in a road accident on April 25, 2024, which rendered him unable to attend the hearing.

Despite notifying the assembly of his condition, he alleged, the committee proceeded in his absence and resolved to revoke his appointment. However, the judge found that Olwero had failed to provide any medical evidence to support his claim of indisposition.

Olwero further argued that the allegations against him were unfounded, as he had already repaid Sh1.2 million of the loan.

He maintained that the loan was valid and that, as a permanent and pensionable employee, he was eligible for the facility in accordance with a Salaries and Remuneration Commission letter dated December 17, 2014.

Olwero told the court that he had applied for the loan using the standard prescribed form, a fact confirmed by the principal accountant of the county assembly.

In its defence, the assembly-through the current clerk, Erick Ogenga-argued that the withdrawal was unlawful.

Ogenga testified that there was no loan application form on record, no security provided, and the transaction was not insured.

He further claimed that Olwero had processed the loan to himself, contrary to policy, and concealed the resulting asset by failing to include it in his asset declaration.

Ogenga also told the court that Olwero had been granted the opportunity to appear before the disciplinary committee either virtually or through legal counsel, but had declined both options.