The Employment and Labour Relations Court has awarded former Tharaka Nithi County Executive Committee Member (CECM) Beatrice Kathomi Kinyua KSh6.9 million after ruling that her dismissal was unlawful, discriminatory, and violated her constitutional rights.
The judgment, delivered by Justice Onesmus Makau, faulted Governor Muthomi Njuki’s administration for terminating Kinyua’s contract in January 2025 on allegations of absenteeism and failure to respond to show-cause letters.
Court: Termination Was Unfair
According to court findings, Kinyua had responded to one show-cause letter and was never served with the second. The judge ruled that her termination was not only procedurally unfair but also discriminatory, as she had been subjected to workplace frustrations before her dismissal.
These frustrations included:
- Withdrawal of her official car
- Denial of commuter allowances
- Exclusion from key committee meetings
- Being locked out of a WhatsApp group for CECMs
Justice Makau emphasized that although governors have the power to dismiss county executives, due process must be followed and valid reasons provided.
Compensation Awarded
The court awarded Kinyua:
- KSh4.9 million in compensation for unfair termination
- KSh2 million in general damages for violation of rights and dignity
- Gratuity for 26 months of service
This brought the total award to approximately KSh6.9 million.
No Reinstatement
The judge, however, declined to reinstate Kinyua, stating that her relationship with the county government had irretrievably broken down.
Kinyua, who was first appointed in 2022 and later reassigned to the Gender, Children, and Social Services docket, had accused the county government of subjecting her to persistent harassment before her removal.
