The Employment and Labour Relations Court in Machakos ruled that former County Executive Committee (CEC) Member Philip Mutua Kilonzo’s termination by Machakos County Governor was unjust and procedurally unfair.
In a judgment delivered by Lady Justice Stella Rutto, the court found that Governor Machakos County acted unlawfully in dismissing Kilonzo from his position as CEC Member for Education in October 2023.
Kilonzo was appointed to the County Executive in November 2022, serving first as CEC for Land, Urban Development, Housing and Energy before being redeployed to the Education docket.
His tenure was cut short when he received a termination letter on October 9, 2023, just days after being issued a Notice to Show Cause.
The court heard that the Governor cited three grounds for dismissal, including allegations that Kilonzo publicly criticised 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 to substantiate these claims during the trial.
“The Respondents failed to present any evidence in Court to substantiate the allegations against the Claimant… the allegations amounted to mere hearsay,” the judgment read.
Furthermore, the court found that the disciplinary process was rushed and unfair.
Kilonzo was given only three days to respond to the show-cause notice and was not provided with the evidence allegedly used against him, violating his right to a fair hearing under Article 47 of the Constitution and the Fair Administrative Action Act.
Justice Rutto held that although a County Governor has authority to dismiss a CEC member under the County Governments Act, such power must be exercised reasonably, based on valid grounds, and through a fair procedure.
The court awarded Kilonzo a total of sh 4,212,285 in compensation.
He was awarded Sh404,250 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.
The County Government was also ordered to issue Kilonzo a Certificate of Service within 14 days.
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