The Employment and Labour Relations Court has slapped the Machakos County Government with a Sh4.2 million penalty, ruling that the dismissal of former CEC Philip Mutua Kilonzo was a flagrant violation of the law.

In a scathing judgment, Lady Justice Stella Rutto tore apart the Governor's decision to fire Kilonzo in October 2023. The former Education CEC was hounded out of office on vague allegations of "sabotage" and "illegal land allocation" without a shred of evidence. The court found that the disciplinary process was a sham—Kilonzo was given a measly three days to respond to a show-cause notice and was denied access to the documents used against him. "The allegations amounted to mere hearsay," Justice Rutto ruled, exposing the incompetence and malice at the heart of the county's HR practices.

The Cost of Impunity

The ruling is a wake-up call for Governors who treat County Executive Committees as their personal fiefdoms. Kilonzo, who had been reshuffled from the Lands docket to Education, was accused of publicly criticizing the government and grabbing public land. Yet, when challenged in court, the County failed to produce a single witness or document to substantiate these serious claims.

Justice Rutto awarded Kilonzo Sh4,212,285, comprising 12 months' salary as compensation and one month's salary in lieu of notice. The judge emphasized that while Governors have the power to fire, that power is not absolute. It must be exercised with "valid grounds and a fair process," tenets of the Fair Administrative Action Act that Machakos County ignored with abandon.

• The Award: Sh4.2 million total, a direct hit to the taxpayer for the Governor's procedural blunders.
• The Violation: The court cited a breach of Article 47 (Right to Fair Administrative Action) and the denial of a fair hearing.
• The Precedent: This case joins a growing list of litigations where counties are losing millions due to the arbitrary firing of senior staff.

A pattern of chaos

This is not the first time the Machakos County Executive has been in the spotlight for the wrong reasons. The ruling exposes a systemic rot where political loyalty often trumps legal procedure. Kilonzo’s vindication is sweet, but the burden falls on the Machakos residents, whose taxes will now go towards paying for the illegal decisions of their leaders.

As Kilonzo walks away with his millions, the message to the Council of Governors is clear: The days of "roadside firings" are over. Follow the law, or pay the price.