Court orders Nyeri Governor Gachagua to pay Sh4.5m to sacked executive

Nyeri Governor Nderitu Gachagua and the county government were on Friday ordered to pay Sh4.5 million to a former county executive for unfairly dismissing her.

Justice Byram Ongaya ordered them to pay former county executive for culture, gender and social development Cecilia Ndung’u Sh4, 451,052.20 million by December 1, 2016.

The judge ruled that in the event the amount is not paid by then, “interest [will] be payable thereon at court rates from the date of his judgement till full payment.”

The judge ruled that her removal from office was founded on unlawful considerations.

Ms Ndung’u moved to court after she was sacked by Governor Gachagua for a second time in April 8, 2015.

Through her lawyer, Mr Munene Ng’ang’a, she argued that Governor Gachagua purported to reorganise his government and scrap off her department without any official communication.

REDUCTION IN GOVT

She said to that effect she was deemed not to be an employee which is contempt of the court judgment.

The department headed by the county executive members was reduced from 10 to nine.

The department of gender, culture and social development were absorbed in a new department of special programmes.

Her lawyer also argued the county government stopped her salary immediately without prior communication was unconstitutional.

Ms Ndung’u was first dismissed from being county executive in June 24, 2014.

She challenged the dismissal and was reinstated by the Employment and Labour Relations Court in December 5, 2014.

The judgment was latter upheld by the Court of Appeal.

The Nyeri county government and the governor Nderitu Gachagua through their lawyer Wahome Gikonyo defended their actions saying that the reorganisation of the county departments was constitutional and to the interests of the people of Nyeri County.

But Justice Ongaya ruled on Friday that grounds upon which the reorganisation and abolishment of the office was done was unlawful, unfair and unjustified.