MACHAKOS, Kenya, Feb 9 – The Employment and Labour Relations Court in Machakos has ruled that the termination of former Machakos County Executive Committee (CEC) Member Philip Mutua Kilonzo was unjust and procedurally unfair, awarding him over Sh4 million in compensation.
Delivering the judgment, Lady Justice Stella Rutto found that the Governor acted unlawfully in dismissing Kilonzo from his role as CEC for Education in October 2023.
Kilonzo had joined the County Executive in November 2022, initially serving as CEC for Land, Urban Development, Housing, and Energy, before being reassigned to the Education docket.
His tenure was abruptly ended when he received a termination letter on October 9, 2023, shortly after being issued a Notice to Show Cause.
The Governor had cited three grounds for dismissal, including claims that Kilonzo had publicly criticized the county government, illegally subdivided and allocated public land, and abused his office in a land dispute.
However, Justice Rutto ruled that the County failed to provide any evidence supporting these allegations.
“The Respondents failed to present any evidence in Court to substantiate the allegations against the Claimant… the allegations amounted to mere hearsay,” the judgment stated.
The court also noted that the disciplinary process was rushed and unfair.
Kilonzo was given only three days to respond to the show-cause notice and was denied access to the evidence used against him, violating his constitutional right to a fair hearing under Article 47 and the Fair Administrative Action Act.
While acknowledging that a County Governor has the authority to dismiss a CEC member under the County Governments Act, Justice Rutto emphasized that such power must be exercised reasonably, on valid grounds, and through a fair process.
The court awarded Kilonzo a total of Sh4,212,285, with Sh404,250 being one month’s salary in lieu of notice, Sh2,021,250 – compensatory damages for unfair termination (equivalent to five months’ salary), Sh282,975 – payment for 21 accrued leave days and Sh1,503,810 – service gratuity for 12 months served.
Additionally, the County Government was ordered to issue Kilonzo a Certificate of Service within 14 days.
