Kidero ordered to pay millions for sacking county executive Ondieki
The Nairobi County government will have to pay its former County Environment Executive Evans Ondieki for the rest of the term he was to serve in office even after sacking him seven months ago.
This is after an Employment and Labour Relations court ruled that his sacking was unlawful and quashed the decision to dismiss him from being an executive committee member on January 26.
WAIGURU ALLY
Mr Ondieki was fired two days after he attended a church service with former Devolution Cabinet Secretary Anne Waiguru and Dagoretti South MP Dennis Waweru (who are affiliated to Jubilee) at the Liberty Christian Centre in Nairobi’s South B estate.
“In view of the fact that his position has been filled and Mr Ondieki did not express the desire to be reinstated, the court orders compensation equivalent to full gross salary, less taxation for the unserved term of the contract between him and the Nairobi County government,” Justice Nduma Nderi ruled.
The judge also ordered that he be paid gratuity at the rate specified in his contract in respect to the term he served.
The judge directed that the payment be made within a month’s time.
NOT TRANSPARENT
“In Court’s considered view on the facts of this case, the decision by Governor Evans Kidero was not for the good of the county and the process leading to the removal was not transparent since there were no valid reason provided to him before or after his dismissal,” Justice Nderi said.
According to Mr Ondieki, the manner in which he was sacked from his position was contrary to fair administrative act since he was never given reasons for termination of his employment nor the evidence used against him or an opportunity to defend himself.
He alleged that the decision was based on emotions rather than reason, was arbitrary and illegal.
He also alleged that he was sacked despite the fact that the city was in dire need of waste management and disposal to be taken care of as a matter of public interest.
PERFORMING POORLY
However, the Nairobi County government told court that his sacking was procedural, he was merely a political appointee and accused him of performing his duties poorly.
But the judge dismissed the county government’s claims, saying that they were only raised in court and were not revealed to Mr Ondieki before he was sacked.
“The real reason he was removed from office summarily was his perceived association with Ms Waiguru in a church service where she expressed a desire to vie for the seat of governor, there is no evidence to show that the decision was for public good or benefit of the county,” the judge said.
