Wavinya to pay Sh4.2m to former CEC for unfair dismissal

Machakos Governor Wavinya Ndeti. [File, Standard]

A former Machakos Executive Committee Member (ECM) has been awarded by the Machakos Employment and Labour Relations Court Sh4.2 Million over unfair dismissal from work.

The total award of the Sh4.2 million includes: a one-month salary in lieu of notices-amounting to Sh404,250, compensatory damages of Sh2,021,250, which is an equivalent of five months’ gross salary, Sh282,975 in respect to 21 unpaid leave days, and 1,503,810 as 12 months’ gratuity.

Phillip Mutua Kilonzo worked at the Department of Lands and later in Education in Governor Wavinya Ndeti's cabinet before facing the axe on October 9, 2023.

Wavinya accused Kilonzo of castigating the County government of Machakos and informing residents that her government would serve a single term.

And that Kilonzo was involved in irregular subdividing and allocating public land without following the due process of the law, and in particular was complicit in the illegal subdivision and allocation of property L.R.NO 32794.

Other grounds leading to the ECM’s job termination were alleged abuse of office by engaging in acts meant to disenfranchise one Mbithe Nzioka Kioko of her land parcel no. Machakos/Kitanga/1363.

In the Judgement delivered by Justice Stella Rutto, the court found that the claimant was dismissed without any justifiable reason and was denied an opportunity to be heard, and that no disciplinary hearing was convened for him to present his case.

Although the court found that the complainant had been granted three days to respond to the accusations, it raised questions on the “short” period given, questioning what the urgency was, given the weight of the matter.

It deemed such a move “oppressive” and that the governor failed to share evidence with Mr Kilonzo for him to prepare a fair defence of his case.

“Despite the first respondent herein issuing the claimant with a notice to show cause and requesting a response, the brief notice period, coupled with the failure to provide evidence supporting the allegations, severely undermined the claimant’s ability to adequately mount a defence and, consequently, his right to a fair hearing,” the judge said

The Governor, who was the first respondent in the case, based his allegations on mere hearsay, according to court documents.

“The respondents failed to present any evidence in court to substantiate the allegations. For example, on the first charge, there was no indication of when the claimant purportedly made the verbal statements that the Government of Machakos County would only serve one term,” the court stated.

The court asserted that although the governor may dismiss an ECM, such powers must be exercised in a fair manner with valid reasons and not arbitrarily or capriciously.

The court also slammed the county with the burden of settling the costs of the lawsuit and issued Mr Kilonzo with a certificate of service.