Former Migori county government executive for Public Works, Roads, and Transport was awarded Ksh3.6 million for unfair dismissal.
The Labour Court directed that Erastus Onyango Nyamori also be paid a reward for the 15 months he served in the county government.
Nyamori was appointed as the County Executive Committee member for Public Works, Roads and Transport by Governor Okoth Obado in May 2013.
However, on April 22, 2014, a motion was introduced before the County Assembly for his removal.
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He was accused of incompetence, abuse of office, gross misconduct, and gross violation of both the Constitution and the law.
But before the motion could be passed, Obado restructured his government, and Nyamori’ was not part of the new team.
He moved to court alleging unfair termination of employment and seeking reinstatement.
The court ruled that the removal was tainted with “procedural infirmities” and was devoid of any due process despite the protection assured to public officers by both the Constitution and the applicable statutes.
Justice Stephen Radido noted that the county government did not demonstrate that the governor, as the appointing authority, followed any due process before removing Nyamori in the rearrangement of the county government.
