Lamu Governor Fahim Yasin Twaha has been ordered by a Malindi Employment and Labour Relations Court to pay his former Health CEC Raphael Munyua Ksh 3.9 million for wrongful dismissal.
Justice Byram Ongaya directed the governor to pay the said money by December 1 for unfair dismissal of the CEC on September 26, 2018 failure to which interest will accrue at court rates from the date of the judgment till the date of full payment.
“The dismissal was irregular, unlawful, unfair, wrongful, and contrary to the tenets of Chapter 6 of the Constitution by failing to give valid and compelling reasons for the exercise of their power and for the benefit of the people of County of Lamu in particular and the people of Kenya in general," Ongaya ruled.
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Justice Ongaya additionally slapped the Governor and the County Government of Lamu with costs of the suit, which had been filed by the former CEC.
The ex-Lamu County Executive member sued the Lamu County Government and the Governor after he was dismissed for a second time despite the court ordering for his reinstatement.
The Court had ordered for his reinstatement without loss of benefits then Governor reinstated him by the letter dated 24.09.2018 and thereafter dismissed him.
Munyua in a fresh suit accused the Governor of discriminating against him on account of his Kikuyu ethnic and social background.
He argued that the governor failed to accord him a fair administrative action and the reasons for his dismissal were not valid.
The judge agreed with his arguments that his dismissal was unfair, unlawful and unconstitutional.
“The County Government filed a witness statement of the County Secretary John Mburu but despite an opportunity to attend court to testify, he failed to do so,” the judge noted.
Justice Ongaya noted that the reasons in the dismissal letter had already been canvassed in the previous suit and the court directed the former CEC to be reinstated.
“The court finds that the respondents failed to afford the claimant due process upon the statutory and constitutional provisions as pleaded and argued by him,” the judge ruled.
