Wavinya Ndeti Ordered To Pay Sh4.2 Million To Staff She Had Sacked For Saying She’s Wantam

Former Education CEC Philip Kilonzo wins landmark case after being fired in just 72 hours for allegedly criticizing governor

Governor Wavinya Ndeti’s administration has been dealt a humiliating blow after a court ordered the Machakos County government to pay a staggering Sh4.2 million to a former minister she dramatically sacked over claims he predicted her government would be a “one-term wonder.”

In a damning judgment delivered on February 4, the Employment and Labour Relations Court slammed the governor for what it termed an arbitrary and oppressive dismissal that violated basic principles of fairness and justice.

Philip Mutua Kilonzo, who served as County Executive Committee Member for Education before his abrupt termination in October 2023, was vindicated after Justice Stella Rutto ruled that his sacking was based on nothing more than “hearsay” and unsubstantiated allegations.

The court heard how Kilonzo was given a mere three days over a weekend to respond to serious career-ending accusations before being shown the door on a Monday morning in what the judge described as a rushed and fundamentally flawed process.

The governor had accused Kilonzo of three offenses that she claimed warranted immediate dismissal: publicly stating at Matuu State Lodge that her government would serve only one term, illegally subdividing public land, and abusing his office in a land dispute involving one Mbithe Nzioka Kioko.

But when push came to shove in court, the county government spectacularly failed to produce a single shred of evidence to back up any of the explosive claims.

“The respondents failed to present any evidence in court to substantiate the allegations against the claimant. For example, on the first charge, there was no indication of when the claimant purportedly made the verbal statements that the Government of Machakos County would only serve one term,” Justice Rutto stated in her scathing judgment.

The court noted that no witnesses were called to testify about the alleged disparaging remarks, no documents proved Kilonzo’s involvement in illegal land allocation, and the complainant in the land dispute never gave a statement or testified.

“Consequently, the allegations amounted to mere hearsay,” the judgment declared.

Justice Rutto further tore into the county government for giving Kilonzo just three days to defend himself against such serious accusations, calling the timeframe “oppressive” and questioning what the “urgency” was.

The court also found that although the governor claimed to have reviewed evidence before making her decision, she never shared any of it with Kilonzo, completely undermining his constitutional right to a fair defense.

“Despite the first respondent herein issuing the claimant with a notice to show cause and requesting a response, the brief notice period, coupled with the failure to provide evidence supporting the allegations, severely undermined the claimant’s ability to adequately mount a defense and, consequently, his right to a fair hearing,” Justice Rutto ruled.

Kilonzo’s nightmare began in November 2022 when he was appointed to Ndeti’s cabinet as CEC for Land, Urban Development, Housing, and Energy. Just months later, in September 2023, he was shuffled to the Education docket during a surprise cabinet reshuffle at Matuu County Lodge.

His new posting barely lasted a month before he received the Friday show-cause letter and was terminated the following Monday on October 9, 2023.

The court awarded Kilonzo a comprehensive compensation package that includes Sh404,250 as one month’s salary in lieu of notice, Sh2,021,250 in damages for unfair termination equivalent to five months’ salary, Sh1,503,810 in gratuity for one year of service, and Sh282,975 for 21 days of accrued leave.

The county government has also been ordered to issue Kilonzo with a Certificate of Service, settle all legal costs, and pay interest on the full amount until complete payment is made.

In a statement that appears prescient in hindsight, the court emphasized that while governors have the power to dismiss CECs, that power is not absolute and must be exercised reasonably.

“Such a decision must be exercised reasonably and based on valid and compelling grounds. A governor may dismiss a CEC member on legitimate reasons and for the public good, subject to due process being followed,” Justice Rutto ruled.

The landmark judgment sends a clear warning to county bosses across the country that they cannot wield their powers arbitrarily or dismiss senior officials based on unproven allegations without following due process.

For Governor Ndeti, who swept into office promising to uphold high standards of service delivery and had publicly threatened to crack the whip on non-performing staff, the ruling represents a costly lesson in the limits of executive authority.

At the time of Kilonzo’s dismissal in October 2023, Governor Ndeti had issued a terse statement saying she had “reviewed his performance and come to the conclusion that it is untenable for him to continue holding office as CECM.”

She had claimed the decision was “informed by the need to uphold high standards of service delivery to the people of Machakos County.”

But the court’s findings paint a dramatically different picture, suggesting the dismissal had little to do with performance and everything to do with alleged political statements that were never proven to have been made.

The case highlights the precarious position of county executive members who serve at the pleasure of governors but are also entitled to basic constitutional protections and fair treatment under employment law.

Kilonzo becomes the latest in a growing list of county officials who have successfully challenged their dismissals in court, with judges increasingly willing to push back against what they view as high-handed and arbitrary actions by county bosses.

The Sh4.2 million award will now be paid from public coffers, meaning Machakos taxpayers will foot the bill for what the court found to be an unjust and procedurally flawed dismissal.

Governor Ndeti’s office had not responded to requests for comment by the time of going to press.