- Nduma said the Kajiado Governor and the county erred in not giving Koin her gratuity after firing her.
- Judge also ruled that the former county minister must be compensated fully.
Image: FILE
Court has awarded sacked Kajiado CEC member Jacklin Koin Sh7,191,607.50 for unfair and unlawful termination of employment.
The Employment and Labour Relations Court judge Mathew Nduma, while sitting in Nairobi, ruled in favour of Koin, saying she was not given lieu of notice before she was discharged.
The judgment was made on February 15.
Nduma said the Kajiado Governor and the county erred in not giving Koin her gratuity after firing her and also ruled that the former county minister must be compensated fully.
The payment, the judge said, will attract interest at court rates starting from the date of the judgment.
Lawyer Dennis Mungai for Koin, had requested the court to take up the judgment following the filing of the responses by lawyer Jack Orenge for the governor and the county government.
Aggrieved Koin had taken the county to court over unfair and unlawful termination.
Koin's lawyer wrote to the governor and the county government on July 26, 2023, instructing them to reinstate Koin, who was sacked on May 18, 2023.
The lawyer argued that his client was terminated under Section 31 (a) of the County Governments Act 2012, but there were no reasons assigned for the termination.
In a letter to the governor and the county government, the lawyer argued that Koin was not issued with any notice before termination.
“The termination of her contract was contrary to her constitutional right to labour practices, and the right to a fair hearing,” the lawyer said.
“The termination letter was devoid of reasons for supposed termination. Our client was not afforded a fair hearing before her employment was terminated."
Speaking after the ruling, Koin said the decision of the labour court was not only her win but has brought dignity to the public service.
“The ruling of this case is going to be a precedent in the public sector. We have a constitution that defends the workers in the Bill of Rights,” Koin said.
She said workers in the public sector should be checked by their performance contract and not by which clan they come from.