Unfair Dismissal Ruling: Tharaka Nithi Governor ordered to Compensate CECM

 

A ruling has been made in favor of Batrice Kathomi Kinyua in a case where Tharaka Nithi Governor Nuthomi Njuki was accused of unjustly terminating her contract.

Kinyua was appointed by Governor Njuki as the County Executive Member (CECM) for a term of five years. However, on 13th January 2025, she received a letter from the governor dismissing her from her position due to gross misconduct.

The legal team representing the governor submitted a response to the petition, acknowledging both Kinyua's appointment as a CECM and her subsequent dismissal. They contended that the termination was based on legitimate grounds and that a fair procedure was followed; however, Kinyua failed to take advantage of this opportunity by not responding to the show cause letters dated 6th June 2024 and 4th December 2024.

Additionally, the respondents submitted a Replying Affidavit, which was sworn by County Attorney Franklin Mwendani on 11th March 2025.

On March 17, 2025, the court issued an interim order that suspended the vetting process and the filling of the vacancy left by the petitioner until the hearing and resolution of the petition.

Kinyua asserted that she was first appointed as the CECM for Water, Irrigation, Environment, and Natural Resources on October 14, 2022, and was later reassigned to the position of CECM for Gender, Children, and Social Services on May 23, 2023.

She performed her duties with dedication until January 13, 2025, when she received a dismissal letter from the governor. She alleged that in the year leading up to her dismissal, she faced various frustrations orchestrated by the governor aimed at compelling her to resign.

These included the withdrawal of her official vehicle, exclusion from committee meetings, being omitted from a new WhatsApp group for CECMs, and being subjected to salary recovery for days she allegedly did not work in April 2024.

Her requests for an official car assignment or commuter allowance were disregarded. She contends that her termination was illegal, unjust, discriminatory, and callous, occurring without any fault on her part and based on an alleged failure to respond to a non-existent show cause letter.

Conversely, the governor asserted that her dismissal was warranted due to her inability to fulfill her responsibilities, which included not being present at her workstation as indicated by biometric clock-in records.

This led to financial losses, wastefulness, and underperformance, ultimately eroding public trust in her management of public affairs and the execution of her departmental duties. Additionally, she was accused of gross incompetence in fulfilling her responsibilities and meeting the requirements of her office for the financial year 2023/2024 and the first half of the 2024/2025 budgetary absorption.

Moreover, she faced allegations of disruptive behavior, which included airing her personal issues and grievances in public forums, criticizing the very government she was part of, and willfully neglecting to attend cabinet meetings while refusing to adhere to County directives.

 

The petitioner cited the absence of an official vehicle or commuter allowance as the justification for her failure to attend official duties. She argued that the tension between herself and the Executive, including the Governor, was unwarranted, as she was cognizant of the budgetary limitations, resource constraints, and the economic and political conditions at both the National and County levels in 2024.

Furthermore, it was noted that 6 out of 12 CECMs lacked official vehicles and were required to share the six available units on a scheduled basis. The petitioner pointed to the lack of an official car or commuter allowance as the reason for her non-attendance at official duties. She contended that the friction between her and the Executive, including the Governor, was unjustified, given her understanding of the budgetary limitations, resource constraints, and the economic and political situations at both the National and County levels in 2024.

Additionally, it was highlighted that 6 out of 12 CECMs did not have access to official vehicles and had to share the six available units according to a schedule.

In a ruling dated 18/9/25 by Judge Onesmus makau, the judge noted “I have found that the dismissal of the petitioner by the respondents was unfair and it violated petitioner’s constitutional rights. I have further found that the petitioner is entitled to compensation for the
unfair termination and gratuity for the 26 months served.

Consequently, I enter judgment for the petitioner against the respondents as follows”: -
a) A declaration that the dismissal of the petitioner was unfair, unlawful and violated her Constitutional rights.

b) Respondents to pay the petitioner Kshs.4,956,840 being compensation for unfair dismissal.
c) Respondents to compute and pay the petitioner gratuity for the 26 months served.
d) The respondents to pay the petitioner Kshs 2,000,000 as general damages for the violation of her constitutional rights cited above.