A former employee of the Kirinyaga county government has reasons to smile again after the Labour court in Nyeri ruled in her favour following what is deemed unlawful dismissal.
While delivering a verdict on Wednesday, Justice Nzioki wa Makau directed Governor Anne Waiguru to pay Ms Judy Kinyua Sh3.3 million with immediate effect.
Waiguru, a former Devolution Cabinet Secretary, was faulted for contravening Section 40 of the County Governments Act during the dismissal of Kinyua.
The county boss had cited under-performance and incompetence in the letter of dismissal.
Kinyua, however, opted to seek legal redress after she felt her rights had been ignored in the process.
Through lawyer Wahome Thuku, Ms Kinyua accused the county boss for firing her without a valid reason.
The court noted that the governor was supposed to present the matter the County Assembly in order to get the green light to send her packing, which she didn’t.
The law states that at least one-third of the MCAs must back a motion before a CEC is fired.
“The motion in the county assembly seeking the dismissal must be supported by at least one-third of all the members of the county assembly,” he stated, as quoted by Daily Nation.
Makau also pointed out that there was no resolution from the MCAs on the matter, which is a clear indicator that the law had been violated in the process.