Makau successfully litigated that he was condemned unheard, an act which is against the rules of natural justice.
Image: Musembi Nzengu
The High Court has ordered the Kitui county administration to pay a former CEC Sh1 million for wrongful dismissal.
John Makau served in Kitui as the county executive for environment and natural resources. He was sacked by Governor Charity Ngilu over alleged incompetence.
Makau had sought Sh22.3 million as compensation.
Ngilu and the county government were ordered by the Employment and Labour Relations court to compensate Makau after it found that he was unfairly fired.
However, Justice Monica 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.
While slashing the Sh23.3 million sought for illegal termination, the judge said the exit claim demanded by Makau “was motivated by greed.”
"Ngilu and her government breached the law by failing to give the sacked county minister for environment and natural resources an opportunity to defend himself," the court ruled.
Ngilu’s lawyer Katunga Mbuvi had argued that the petitioner was a liability to the county as he was not performing his duties accordingly.
Mbuvi said Makau was lazy and was allegedly involved in questionable dealings. He cited an incident where the former CEC allegedly obtained over Sh280,000 from a women group.
Makau was sacked after the tragic trip to Taita Taveta county where three people lost their lives along the Kibwezi-Kitui road.
Justice Mbaru said the claimant embarked on the trip when it had not been sanctioned by the county government. Official county vehicles were used.
Makau had claimed he was not given an opportunity to defend himself.
He had named Ngilu and the Kitui county government as the respondents in the dispute.
In her judgment, Mbaru said Makau was on an unsanctioned trip Voi Geology Centre in Taita Taveta county.
The judge noted that during the trip while using the official county car, an accident occurred and three lives were lost.
The county vehicle collided with a boda boda that was ferrying three people. They all died in the crash.
Evidence presented to the court said the driver of the vehicle was drunk. He was charged and convicted.
Makau denied that he and the county driver were heavily drunk when the accident occurred.
Edited by P.O