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BY CORRESPONDENT,4TH SEPT 2018-The court battle involving Kirinyaga county governor Ann Waiguru is far from over after sacked county executive, Sued the governor .
Judy Kinyua who was sacked over incompetence and under performance ha gone to court seeking compensation.
In July this year we carried a story about governor Waiguru who had sacked two of her county executives Roads and Gender ministers Peter Karugumi and Judy Kinyua over r incompetence and inefficiency. Kinyua wants at least Sh16.2 million in compensation from the county government.
In a petition filed at the Labour Relations court in Nyeri on Tuesday, Ms Kinyua said she did not expect her employment to be terminated “arbitrarily and without justification” before end of the Governor’s elective term.
Through lawyer Wahome Thuku, the petitioner noted that upon appointment, she made several financial commitments, including securing a car loan of Sh2 million, so the dismissal will have adverse financial effects.
Mr Thuku said the county chief denied his client a fair hearing and did not give reasons for her termination.
“The Governor failed to exercise her authority in a manner that is consistent with the purpose and objects of the constitution as required under Article 73 (1) of the Constitution,” he said.
“Everyone has a right to fair labour practices, a right which was denied and breached by the Governor and the county government.”
“Prior to the suspension from duty, the petitioner had not been given any warning, whether in writing or in any other form by the Governor, regarding her performance. She had never been summoned or interrogated by the County Assembly,” said Mr Thuku.
He claimed that the suspension was merely an action to kick-start the termination process which had already been mooted and decided upon by the Governor “without any reasons and for selfish ends”.
Though Ms Kinyua was suspended to allow investigations into her suitability, the lawyer said she was not provided with details of the said probe.
He said she also was not called before any authority to defend herself.
A letter dated August 6 shows that Ms Kinyua was sacked over alleged failure to implement budgeted programmes and projects in financial year 2017/18.
Governor Waiguru was also angered by the general state of the Kirinyaga children’s home.
The petition indicated that Ms Waiguru claimed that a county assembly committee found Ms Kinyua unfit for office due to laxity in policy formulation and programme implementation.
The lawyer said, however, that the committee was unstated and that no such finding has ever been made by any such team of the assembly regarding his client’s performance.
He added that Ms Kinyua has never been requested to appear before any committee to respond to the allegations.
Ms Kinyua’s colleague, Mr Peter Karugumi, was sacked over the same accusations.
Mr Karugumi also wants the Governor compelled to pay him salaries and allowances of at least Sh13 million for the remainder of his term and general damages for wrongful termination.He was in charge of the Transport, Roads and Public Works department.Justice Nzioki Makau who will give direction on October 16 and 10 respectively when the case will be hard.