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Ngilu ordered to pay former CEC Sh1m for unfair dismissal

Thursday, February 11th, 2021 00:00 |
Charity Ngilu. Photo/Courtesy

A court has dismissed application seeking to compel Kitui County Government to pay a former executive committee member Sh23.3 million over irregular sacking.

Instead, Lady Justice Monica Mbaru of the Employment and Labour Relations Court ordered Governor Charity Ngilu to pay John Makau Sh1 million for wrongful dismissal.

At the same time, Justice Mbaru declined to order Makau’s reinstatement, saying no court of competent jurisdiction can compel an employer to retain an employee it does not want.

Slashing the Sh23.3 million sought for illegal termination, Justice Mbaru said the exit claim demanded by Makau “was motivated by greed.”

The court ruled that Ngilu and the county breached the law by failing to give the sacked Environment and Natural Resources minister an opportunity to defend himself.  

The judge noted that Ngilu’s lawyer Katunga Mbuvi, who also appeared for the county, led evidence that the petitioner was a liability as he was not performing his duties in accordance with the call of duty.

Mbuvi further told the judge that Makau was lazy and was allegedly involved in questionable deals citing an incident where he allegedly obtained over Sh280,000 from a women’s group compelling Ms Ngilu to intervene.

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