On the morning of December 12, 2018, Ms Fawzia Dear Omar’s husband, Kenneth Kamto, was brutally gunned down by masked robbers in Nyali, Mombasa County.
Mr Kamto, the first Deputy Governor of Kilifi County, was returning to his Nyali home at around 3 am when the attackers accosted him, fired shots into the air before turning the gun on him. They fatally shot him and robbed the family of valuables, including money and mobile phones.
Eight years later, his widow remains trapped in another painful battle. This time, she battles for justice and survival as she continues to wait for more than Sh6.3 million in unpaid house allowance and severance dues from the Kilifi County Government.
Deputy President William Ruto signs the condolence book when he consoled the family of the former Deputy Governor of Kilifi the Late Kenneth Kamto at Rabai in Kilifi County for the burial in this photo taken on 19th December 2018.
After several unsuccessful attempts to have former governor Amason Kingi, who served alongside her husband during the county’s first administration, and the current governor, Gideon Mung’aro, facilitate payment of the deceased’s dues, she moved to court seeking intervention.
The court heard Ms Omar’s application and issued orders directing the county government to pay the money owed to the estate of her late husband. This came after the county admitted that it owed the former pioneer deputy governor the money, but gave what the widow described as lame excuses for the continued delay in settling the dues.
The latest order was issued on March 24 by the Employment and Labour Relations Court. While issuing the order, the court noted that the absence of the Chief Officer of the Public Service Board was not a sufficient reason for the delay in effecting payment.
“The office runs even when the officer is absent. The county is directed to commence payments to Ms Omar immediately and not later than the next 14 days,” the court ruled.
The matter was then scheduled for mention on April 14 to confirm compliance and for parties to file a consent once agreed upon. However, by April 14, no payment or attempt to make payment had been made, in disregard of the court orders.
This prompted the widow to ask the court to summon the County Secretary and the County Executive Committee Member in charge of Finance to appear in person.
The two county officials are required to explain why they have failed to honour the court directives, thereby prolonging the suffering of the widow, who is still living with the trauma of her husband’s tragic death, which occurred in her presence when he was shot by the robbers.
“Whereas your attendance is required to appear before this court pursuant to the court order issued on May 19, you are hereby required to personally appear before this court virtually on June 8, 2026, to show cause why you have not complied with the court orders issued on March 24, 2026,” part of the summons reads.
Mrs Fauzia Kamto speaks to journalists at her home in Nyali, Mombasa on December 12, 2018 after her husband, former Kilifi deputy governor Kenneth Kamto, was shot and killed by unknown people.
Photo credit: File | Nation
In her court documents, Ms Omar said she had moved to court in her capacity as the wife and administrator of the estate of the late Mr Kamto, who served as Kilifi County’s pioneer Deputy Governor between 2013 and 2017 alongside former governor and current Senate Speaker Mr Kingi.
She told the court that despite her husband’s years of public service, he was never paid his house allowance and severance benefits during his lifetime, and that repeated efforts to have the dues settled after his death had been ignored.
“The late Kamto was never paid his house allowance and severance even after his death. All efforts to have the same payments done have fallen on deaf ears,” Ms Omar stated in her claim.
According to the court documents, Ms Omar first wrote to Mr Kingi on January 6, 2020, seeking payment of the house allowance following a court determination in a petition filed in 2016. The court had declared that denying deputy governors housing benefits was discriminatory and unconstitutional.
In that case, the court also declared deputy county governors as state officers and issued orders compelling the SRC, which was the respondent in that case, to set and regularly review housing benefits as one of the entitlements due to county deputy governors.
It was on the basis of these court determinations that Ms Omar argued that her husband was entitled to payment of house allowances for the five years he served under Mr Kingi. She argued that the money was urgently needed to support the couple’s five children, whose education and welfare she said had been affected following the death of their father.
“The payment was urgent as the same was to help cater for the five children left behind by the deceased, who needed to continue with their education,” she said.
Ms Fawzia Kamto follows proceedings during the reading of a ruling at Shanzu Law Courts in Mombasa on November 30, 2023.
Photo credit: File | Nation Media Group
The widow further revealed that she later wrote to Governor Mung’aro on November 25, 2025, seeking payment of both the house allowance and severance pay covering the five years her husband served as Deputy Governor.
However, she told the court that both the former and current governors ignored her requests despite making promises that never materialised, forcing her to seek legal redress.
“Both letters were ignored by the respective office holders after various promises that never yielded any fruits, which has led to the claimant seeking court action,” the suit papers state.
Kenneth Kamto addresses Rabai residents on October 22, 2016. He will be laid to rest on December 19, 2018. FILE PHOTO | NATION MEDIA GROUP
Ms Omar also accused the county government of discrimination, noting that former Deputy Governor Gideon Saburi, who served up to 2022, had already received his corresponding benefits while the estate of her late husband continued to be denied payment.
“The respondent’s refusal to pay the pending payment to the estate of the late Kamto, while instead deciding to pay Mr Saburi, is discriminatory, unjustifiably selective and contrary to the law,” she argued.
She is seeking payment of more than Sh6.3 million in outstanding house allowance and severance dues, interest on the amount, general damages for alleged violation of constitutional and labour rights, as well as the costs of the suit.
In its response filed in court, the Kilifi County Government admitted that it owed the estate of the late Mr Kamto the unpaid dues but attributed the delay to legal and budgetary procedures governing the use of public funds.
In a replying affidavit sworn by the county’s Director of Human Resources, Jackson Mweni, the county said it did not dispute liability for the payments owed to the deceased’s estate.
“At the outset, the respondent does not dispute liability in respect of the dues payable to the deceased’s estate,” Mr Mweni stated.
The county further said it recognised and appreciated the services rendered by the late Mr Kamto and was willing to settle the matter amicably without prolonged court proceedings.
However, the county argued that as a public entity established under Article 176 of the Constitution, it was bound by strict constitutional and statutory procedures governing public finance management and expenditure.
According to the county government, any payment to the estate had first to be factored into an approved county budget and subjected to the relevant approval processes before disbursement could be made. It also cited Article 228 of the Constitution, arguing that withdrawals of public funds required approval from the Controller of Budget before any payments could be processed.
“It is therefore evident that while the respondent is ready and willing to settle the outstanding dues, the payment thereof must necessarily comply with the budgetary allocation process and statutory approvals as required by law,” Mr Mweni said in the affidavit.
The county pleaded with the court to grant it a reasonable time to facilitate the necessary budgetary allocation and approvals to enable settlement of the claim.
“The respondent remains ready and willing to engage the claimant with a view to agreeing on a reasonable settlement framework and timelines consistent with the applicable public finance procedures,” the affidavit adds.
The killers of Mr Kamto, who were later identified as Julius Gitonga and Joseph Amwayi Mukabana, are serving sentences of 40 and 30 years in jail, respectively.
