The Employment and Labour Relations Court in Kisumu ordered the Kisii county government to pay two ex-Chief Officers Sh5.2 million for wrongful termination of service.
Former Public Participation Chief Officer Casper Ondoro and his counterpart at the Youth and Sports Department, Helina Moranga were interdicted last year for alleged misconduct.
In a judgement delivered on December 11, 2025, Justice Nzioki wa Makau ruled that Ondoro’s dismissal was unfair because the short show cause period did not offer him sufficient time to mount a defence.
“It defeats the entire logic of the process to subject an employee to a shortened period of response to show cause and when the employee fails to exonerate themselves the employee is dismissed,” noted Judge Makau.
Ondoro received a show cause letter on August 21, 2023 after he allegedly authorized a payment worth Sh2.9 million to a contractor for the completion of drainage works in Bombaba Ward without a completion certificate.
Despite his response on August 24, 2023, he was suspended from employment on September 25, 2023.
He attended a disciplinary hearing on April 3, 2024 but sent packing on April 9, 2024.
The court further ruled that the partial completion certificate issued was not the basis of payment as the instructions to pay were issued after the claimant was suspended.
The county was ordered to pay the former Public Participation Chief Officer one month’s salary of Sh219,640 in lieu of notice.
In addition, the county was told to pay him another 12 month’s salary amounting to Sh2,635,680 as compensation for unlawful dismissal and issue him with a certificate of service.
A separate judgement issued on December 9th, 2025 by the same court ordered the Kisii county government to pay Sh2,416,040 to the former Youth and Sports Chief Officer, Helina Moranga following her unfair dismissal.
Moranga was accused of processing an imprest of Sh7,372,300 that unjustly enriched herself and other officials who were included in the list for payment of per diems for the KICOSCA games.
It was also alleged that she had unilaterally certified an expenditure of Sh 358,000 in favour of a supplier for the purchase a defective laptop and smartphone.
Judge Makau said the court had evaluated the imprest and noted that the imprest that was actually processed was not the one the claimant had prepared but rather another one for a sum of Sh8,367,600 which was approved without her involvement or consent.
“In my considered view, even though the claimant had initially proposed to have a similarly large sum processed, this was not actualised,” he noted.
On the issue of procured goods, the court pointed out that the goods were returned with no loss to the county government and there was no evidence of payment.
The Judge acknowledged that Moranga had a role to play as the Accounting Officer and for that, her compensation in the suit would be limited.
The court also declined to award the claimant any other exemplary damages or payment for the balance of her contract as had been requested by the former Chief Officer.
The county was ordered to pay her one month’s salary of Sh219,640 in lieu of notice and another 10 month’s salary of Sh2,196,400 as compensation for the unprocedural dismissal as well as a certificate of service.
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