High price of firing county bosses: Sh54m and rising

Nyeri Governor Nderitu Gachagua (left) converses with Mombasa Senator Hassan Omar after appearing before the Senate to respond to accusations made by his county executives, on September 13, 2016. Mr Gachagua and his county government was ordered to pay Sh4,451,052 to Ms Cecilia Ndung’u for ejecting her on baseless claims. PHOTO | ANTHONY OMUYA | NATION MEDIA GROUP

What you need to know:

  • The bone of contention is whether governors can hire and fire members of the county executive committees the same way the President can do with his Cabinet.
  • So far, courts have awarded at least Sh54 million as compensation to various county employees.

A law passed in 2012 to give governors powers similar to those of the President when restructuring their cabinets is turning into a nightmare for county bosses as courts continue slapping devolved units with hefty bills for sacking their ministers.

The bone of contention is whether governors can hire and fire members of the county executive committees the same way the President can do with his Cabinet.

While governors argue that the 2012 law (Section 31 of the County Governments Act) gives them the same leverage as the President, different courts have in the past three years punished county bosses for firing their lieutenants.

Section 31(a) says the governor can sack a county executive committee member at any time, while Section 40 says an executive can be fired through impeachment by county assemblies.

Most judges have ruled that county executives, despite being political appointees, are guaranteed the right to fair administrative action in keeping with the Constitution.

Nairobi-based lawyer Moses Chelanga said the law is to blame for the confusion.

He says the law is not clear and needs to be looked at it again.

He said that since Court of Appeal judges have been unanimous in ordering governors to dismiss executives only after giving them a chance to defend themselves, the Supreme Court should give its final word.

Five counties have so far been ordered to fork out at least Sh41 million of taxpayers’ money in the past two years due to disputes on sacked executives — a figure that is set to rise as more cases are in court.

HEAVY FINES
The September 23 decision by the Industrial Court in Nakuru to award Sh8.5 million to two former executives of Bomet County government was an addition to the ever-growing bill that Kenyans will foot due to contested county executive appointments.

Justice Stephen Radido of the Labour Court in Nakuru, told Bomet County to pay Ms Elizabeth Chepkoech Langat, a former public health executive, Sh4.5 million for unfair dismissal.

He also awarded Ms Patricia Chepkirui Lasoi, former lands executive, Sh4 million for unjustified sacking.

The two had been dropped when Governor Isaac Ruto reshuffled his executive committee in March this year.

On the same day, September 23, the Industrial Court in Nyeri ordered Governor Nderitu Gachagua and his county government to pay Sh4,451,052 to Ms Cecilia Ndung’u for ejecting her on baseless claims.

Other counties in a similar bind are Nairobi and Kisumu.

A decision by three Court of Appeal judges, in March 2015, watered down Section 31.

So far, courts have awarded at least Sh54 million as compensation to various county employees.