Court awards county official Sh800,000 for wrongful dismissal

A court has awarded former Nakuru county chief officer for Sports, Youth and Gender Sh800,000 for wrongful dismissal.

Lady Justice Monica Mbaru of the Employment and Labour Relations Court ruled that Benjamin Koskei was unlawfully sacked by Governor Lee Kinyanjui's administration last year.

Awarding Dr Koskei three months’ salary as compensation and one month pay in lieu of notice, Justice Mbaru noted that the labour laws were breached during the disciplinary process.

She noted that the head of the Public Service, the disciplinary committee appointed to preside over Koskei disciplinary hearing on March 12, 2019 had flaws.

“Where persons sitting in the disciplinary committee hearing, had crucial and material information to assist in disciplinary case against the petitioner, they could only attend as witness but not as persons hearing and making a removal from office,” judge observed.

Mbaru added that such mandate is legal held by the County Public Service Board and could only be delegated to person with written authority which was lacking in this case

Koskei sued Governor Lee Kinyanjui, the County Secretary and Nakuru County after he was suspended for 60 days after he was accused of breaching confidential information and leaking them to the members of the public via social media.

Koskei wanted to be compensated Sh2.4 million by the County Government terming his termination as unlawful and unfair. He accuses the governor of failing to accord him a fair hearing and wants to be reinstated.

According to Koskei having served the respondent from April 26, 2018 to March 2019, which is under a year, compensation is hereby at three months’ gross salary due at March 20, 2019. the failure to pay him was unlawful, unconstitutional and his rights were violated.

“There is breach of the law, compensation award at three months’ gross salary as at March 20, 2019, noticed pay at one-month gross salary cost, costs awarded at 50 percent,” ruled the court.