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ELRCPartially Allowednot stated in the excerpt provided· [2025] KEELRC 2458 (KLR)

Kinyua v Governor, Tharaka Nithi County & another; County Assembly of Tharaka Nithi & another (Interested Parties) (Petition E002 of 2025) [2025] KEELRC 2458 (KLR)

Employment and Labour Relations Court
18 September 2025
3,634 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that a county governor cannot dismiss a CECM without a valid reason and fair process, awarding her nearly Kshs. 7 million.

What this practically means

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Executive summary

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The petitioner, appointed as a County Executive Committee Member (CECM) in October 2022 for a five-year term and reassigned in May 2023, was dismissed by the 1st respondent on 13th January 2025 for gross misconduct, the stated reason being her failure to respond to show cause letters dated 6th June 2024 and 4th December 2024. She petitioned the ELRC at Nyeri seeking declarations of violation of Articles 41, 47, 27 and 28, judicial review of the dismissal, compensation, contract damages, reinstatement and costs. The respondents admitted the appointment and dismissal, asserting the dismissal was for valid grounds following fair procedure. The court, applying section 31 and 40 of the County Government Act and Court of Appeal precedent, held that a Governor must have a valid, compelling reason in the public interest and follow due process before dismissing a CECM. The petitioner had responded to the first show cause letter, and the second was never proved served - no delivery book or other evidence of service was produced - so neither ground was a valid reason, and the underlying allegations were unsubstantiated. The dismissal violated Articles 41, 47 and 236. The withdrawal of her official car while other CECMs kept theirs, and denial of commuter allowance, amounted to discrimination under Article 27 and, cumulatively, violation of dignity under Article 28. Judgment was entered for the petitioner: declarations of unfair, unlawful and unconstitutional dismissal, Kshs.4,956,840 being 12 months' gross salary as compensation, gratuity for 26 months served to be computed by the respondents, Kshs.2,000,000 general damages, subject to statutory deductions, with costs and interest. Reinstatement was refused as the relationship had irretrievably broken down.

Key legal issues

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01

Whether the dismissal violated fair labour practices and fair administrative action (Articles 41 and 47)

Holding

Yes - the dismissal was without a valid reason and without due process, violating Articles 41, 47 and 236.

Reasoning

The Governor's power under section 31(a) CGA, as explained by the Court of Appeal in Cecilia Wangechi Ndung'u and Idriss Aden Mukhtar, must be exercised for a valid, compelling reason in the public interest and with due process. The petitioner admittedly responded to the 6th June 2024 letter, so relying on it was invalid. The 4th December 2024 letter was never proved served, so failure to respond could not justify dismissal. The allegations were also unsubstantiated by evidence.

p. 7
02

Whether the withdrawal of the petitioner's official car and related treatment amounted to discrimination under Article 27

Holding

Yes - the withdrawal of her official car while other CECMs had theirs, and denial of commuter allowance, amounted to discrimination contrary to Article 27.

Reasoning

The respondents did not adduce evidence that no vehicle was available to her. Where an officer is entitled to an official car, the employer has a legal and contractual duty to provide it. Denying one officer while giving others is discrimination and breach of contract. The cumulative violations also constituted inhuman treatment violating her dignity under Article 28.

p. 8
03

Appropriate remedies for the constitutional violations and unfair termination

Holding

Compensation of 12 months' gross salary (Kshs.4,956,840) under section 49(1) Employment Act, gratuity for 26 months served, and Kshs.2,000,000 general damages for constitutional violations; reinstatement refused.

Reasoning

Guided by the Court of Appeal in Idriss Aden Mukhtar, the Employment Act applies to state officers, and section 49(1) is a legitimate guide in awarding damages. Considering that she expected to work a further 3 years and would unlikely obtain comparable employment within a year, 12 months' gross pay was awarded. Reinstatement was impracticable given the breakdown of the relationship.

p. 8

Legal principles established

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  • A Governor dismissing a CECM under section 31(a) of the County Government Act must act for a valid reason in the public interest and follow due process, including a fair hearing.
  • An employer who denies one officer an official car while providing it to others discriminates contrary to Article 27 and breaches the contract of service.
  • Failure to personally serve a show cause letter means the alleged failure to respond cannot be a valid reason for dismissal.

Court orders

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  1. 1.A declaration that the dismissal of the petitioner was unfair, unlawful and violated her Constitutional rights.
  2. 2.Respondents to pay the petitioner Kshs.4,956,840 being compensation for unfair dismissal.
  3. 3.Respondents to compute and pay the petitioner gratuity for the 26 months served.
  4. 4.The respondents to pay the petitioner Kshs 2,000,000 as general damages for the violation of her constitutional rights cited above.
  5. 5.The award is subject to statutory deductions.
  6. 6.The petitioner is awarded costs and interest at court rates from the date of this judgment.
Jurisdiction invoked
Article 23(3) of the Constitution and section 12 of the ELRC Act (employment and labour relations jurisdiction)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kinyua v Governor, Tharaka Nithi County & another; County Assembly of Tharaka Nithi & another (Interested Parties) (Petition E002 of 2025) [2025] KEELRC 2458 (KLR)", Case Analysis (2025). not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2458/eng@2025-09-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.