What Led to the Court's Ruling in Favor of the Sacked Kisumu County Secretary?

Kisumu Governor Anyang' Nyong'o has encountered legal troubles after the Employment

and Labour Relations Court ruled that the dismissal of John Ochieng Ouma from his

position as County Secretary was unjust, subsequently granting him compensation.

Ouma initiated the current lawsuit through a statement of claim dated 20th July, 2024,

which was received on 23rd April, 2025. He asserted that he was employed by the

county government of Kisumu as the County Secretary, as per a letter dated 1st

September, 2022, for a duration of 3 years, including a probationary period of 6 months.

He was also provided with an official residence, a vehicle, and additional benefits;

however, the governor terminated his employment through a letter dated 28th March,

2023, citing undisclosed reasons.

He averred that the termination of his employment was unfair for want of reason(s) for

termination, notice or pay in lieu of notice and fair hearing. He demanded:

a. Salary in lieu of notice Kshs.413,079.00.

b.12 months compensation Kshs.4,956,948.

c. Salary for July, August, September and October 2023 Kshs.1,230,316.00.

d. General, exemplary and aggravated damages for breach of constitutional rights.

e. Certificate of service.

Nevertheless, the governor swiftly responded by asserting that Ouma was hired as the

County Secretary; however, his employment was ended during the probationary phase,

and he had been privately informed about his unsuitability for the position.

During cross-examination, the claimant acknowledged that following the termination of

his employment, he submitted a petition, the details of which he did not reveal, and was

subsequently reinstated. However, upon his return, he found the office locked and did

not resume his duties.

He, however, refuted the claim that he was on probation at the time his employment was

terminated and submitted the circulars from the Salaries and Remuneration

Commission regarding salaries.

The details of the current case are quite straightforward: the claimant was employed by

the respondent starting from 1st September 2022 as the County Secretary and was

dismissed through a letter dated 28th March 2023, approximately 7 months after the

commencement of employment.

The judge remarked, "In light of the foregoing, the court concludes that the termination

of the claimant's employment occurred after the probationary period had expired."

The judgement dated 29/9/2025 by Judge Jacob Gakeri reads in part “In the upshot

judgment is entered in favour of the claimant against the respondent as follows:

Declaration that termination of the claimant’s employment was unfair.

b.One (1) month’s gross salary in lieu of notice unless already paid.

c.Equivalent of one (1) month’s salary compensation.

d.Certificate of service.