Blow has been faced by Kirinyaga Governor Anne Waiguru after a court ordered her to pay a former county executive committee member Dr Judy Wathata Kinyua Sh3.3 million for unlawful dismissal.
Justice Nzioki wa Makau of the Labour court in Nyeri ruled that Ms Waiguru’s decision to sack Ms Judy Kinyua in September last year over incompetence and underperformance, was illegal and contrary to the law.
Kinyua argued that given that everyone had a right to fair labour practices, Waiguru and the county government denied her the right by suspending her in July and sacking her on August 20.
“Prior to the suspension from duty, the petitioner had not been given any warning, whether in writing or in any other form by the Governor, regarding her performance. She had never been summoned or interrogated by the County Assembly,” lawyer Thuku stated.
The governor is also facing another separate suit from a CEC of Transport, Roads and Public Works who was also dismissed from his position on similar grounds.
Peter Karugumi is demanding Ksh13 Million in damages.
Justice Makau said that the reasons for sacking a CEC must be either incompetence, abuse of office, gross misconduct or failure to attend three consecutive meetings for the executive committee.
Other reasons include physical or mental incapacity rendering the minister incapable of performing duties and gross violation of the constitution.