County governments are counting the cost of unfair dismissals, with courts awarding millions of shillings to employees whose contracts were terminated without valid reasons or due process.
Recent judgments in Machakos, Taita Taveta and Kisii show how counties have been penalised for giving workers inadequate time to respond to allegations, withholding evidence or failing to conduct fair disciplinary hearings.
In some cases, courts have ordered compensation running into millions of shillings, while in others, they have directed county governments to reinstate dismissed employees or restore their benefits and pay withheld salaries.
But even after employees win their cases, some county authorities have failed to implement the decisions, forcing former workers back to court to enforce their rights.
In Machakos, the Employment and Labour Relations Court ordered the county government to pay former County Executive Committee Member Philip Mutua Kilonzo Sh4.21 million after finding that his dismissal was unfair.
In Taita Taveta, two former county advisers each won Sh1.614 million in compensation after their contracts were terminated without a fair process.
In Kisii, two former chief officers were awarded a combined Sh5.27 million after the court found that their dismissals were unfair. Meanwhile, in Homa Bay, two former employees returned to court to enforce Public Service Commission decisions ordering their reinstatement and payment of withheld salaries and benefits.
In a judgment delivered on February 4, 2026, Justice Stella Rutto found that the termination of Mr Kilonzo’s appointment as a county executive committee member was unfair.
Mr Kilonzo was appointed in November 2022 as the executive member in charge of Land, Urban Development, Housing and Energy before being redeployed to the Education docket.
His appointment was terminated on October 9, 2023, after Governor Wavinya Ndeti issued him with a notice to explain why he should not be dismissed.
A sacked employee receives his termination letter.
Photo credit: File | Shutterstock
The notice, dated October 4, gave him three days to respond to allegations that included making public statements critical of the county government and involvement in the alleged irregular allocation of public land.
Mr Kilonzo denied the accusations and submitted a written response on October 6. His appointment was terminated three days later.
The county government maintained that he had been given an opportunity to respond and that his dismissal had followed the law.
However, Justice Rutto found that the allegations against him had not been supported by evidence and that he had not been given adequate time to defend himself.
“The three-day period granted to the Claimant to respond to the Notice to Show Cause was relatively short,” the judge ruled.
The court also faulted the county for failing to provide the evidence it had relied on to dismiss him, noting that an employee facing disciplinary action must be given the material necessary to prepare a defence.
Mr Kilonzo was awarded one month’s salary in lieu of notice, five months’ salary as compensation, gratuity and payment for 21 days of accrued leave.
The total award was Sh4,212,285, with interest at court rates from the date of judgment until payment. The county was also directed to issue him with a certificate of service within 14 days.
In Taita Taveta, two former county advisers, Frank Jumapili M’Mare and Jason Tuja Mwamodenyi, secured compensation after the court found that their contracts had been terminated unfairly.
The two were employed in March 2023 as advisers in water, hygiene, sanitation and health, and peacebuilding and conflict resolution. Their contracts were expected to run until the end of Governor Andrew Mwadime’s term in August 2027.
However, their employment was terminated on October 7, 2024, through notices that took immediate effect.
The county argued that their contracts allowed termination on notice and maintained that the governor had the authority to end their employment.
The court rejected the argument that the governor could dismiss employees at will without providing valid reasons or following a fair process.
The judge said the power to terminate an appointment must be exercised reasonably and not arbitrarily.
“There was no due process,” the court observed, finding that the county had neither provided valid reasons for the dismissals nor given the two advisers a fair hearing.
The judge also considered the financial consequences of the dismissals. Both men had taken loans that they expected to repay through deductions from their salaries.
One of them told the court that the sudden loss of employment had left him struggling with loan repayments and mounting interest.
The court declined to order reinstatement, noting that the advisers’ close working relationship with the governor made a return to their former positions inappropriate.
Instead, it awarded each man Sh1.614 million, equivalent to 10 months of gross pay subject to deductions for any outstanding amounts owed to the county. They were also awarded certificates of service and costs.
In Kisii, the Employment and Labour Relations Court ordered the county government to compensate two former chief officers whose dismissals were found to be unfair.
Former Public Participation Chief Officer Casper Ondoro and former Youth and Sports Chief Officer Helina Moranga had been interdicted over alleged misconduct before their employment was terminated.
Mr Ondoro’s case involved a payment of Sh2.9 million to a contractor for drainage works in Bombaba Ward. The allegations included authorising payment without a completion certificate.
He received a notice to show cause on August 21, 2023, responded three days later and was suspended in September. He attended a disciplinary hearing in April 2024 and was dismissed days later.
In a judgment delivered on December 11, 2025, Justice Nzioki wa Makau found that the short period allowed for his response undermined the disciplinary process.
“It defeats the entire logic of the process to subject an employee to a shortened period to respond to a Show-Cause notice and then dismiss them for failing to exonerate themselves,” the judge said.
The court awarded Mr Ondoro one month’s salary in lieu of notice and 12 months’ salary as compensation, totalling Sh2,855,320. It also ordered the county to issue him with a certificate of service.
In a separate judgment delivered on December 9, 2025, the court awarded Ms Moranga Sh2,416,040 after finding her dismissal unfair.
She had faced allegations relating to imprest payments for the Kenya Inter-County Sports and Cultural Association games and the procurement of electronic equipment.
The court found that the imprest in question had been approved without her involvement or consent. It also found that the items at the centre of the procurement dispute had been returned, with no evidence of payment or loss to the county.
Ms Moranga was awarded one month’s salary in lieu of notice and 10 months’ salary as compensation, alongside a certificate of service.
The two awards amounted to Sh5,271,360, adding to the financial consequences of the county’s unsuccessful disciplinary processes.
For James Wairegi Wambugu, the remedy was not compensation but a return to work.
In a judgment delivered on December 19, 2025, the Employment and Labour Relations Court declared his termination as Deputy Sub-County Administrator unfair and unlawful.
Justice James Rika ordered the county government, its public service board and the county secretary to reinstate him without loss of seniority, salary, allowances or benefits.
The court declined to award additional compensation, reasoning that reinstatement with back-remuneration was sufficient to restore his employment rights.
The case was undefended, although court records indicated that the respondents had been served with the claim.
The judgment illustrates that employees who successfully challenge unfair dismissal do not always receive a cash award. A court may instead order an employer to restore their jobs and the benefits attached to them.
In Homa Bay, Stephen Ochieng Olago and Vivian Akinyi Polo had already successfully challenged the termination of their employment before the Public Service Commission.
In May 2025, the commission ruled that their dismissals were unlawful and directed that they be reinstated to comparable positions without loss of benefits. It also ordered the payment of withheld salaries.
When the decisions were not implemented, the two approached the Employment and Labour Relations Court seeking enforcement.
In a ruling delivered on September 30, 2025, Justice Jacob Gakeri adopted the commission’s decisions as court judgments, enabling the employees to pursue enforcement through the courts.
The challenge of implementing employment decisions has also arisen in Bomet, where, in June 2026, Governor Hillary Barchok and 10 other county officials were cited for contempt after failing to comply with orders to reinstate 595 workers.
According to the courts, county governments face obligations both when dismissing employees and after adverse decisions have been made against them. Workers facing disciplinary allegations must be informed of the accusations, given adequate time to respond and allowed access to the evidence relied upon by their employers.
County authorities must also demonstrate that dismissals are supported by valid reasons and that the procedures followed are fair.
