Court Halts Bungoma Cabinet Dismissal, Orders Reinstatement of County Officials
The Employment and Labour Relations Court has stepped in to temporarily reinstate senior officials in Bungoma County after their sudden dismissal by Governor Kenneth Lusaka sparked a legal battle.
This decision follows an urgent petition filed by a group of 11 county officials, including several County Executive Committee (CEC) members and the County Secretary.
The officials moved to court almost immediately after the governor publicly announced that he had dissolved the entire county cabinet, a move he said was intended to boost efficiency and improve service delivery within the county government.
Through their lawyer, Peter Wanyama, the petitioners strongly opposed the governor’s action, arguing that it went against key provisions of the Constitution of Kenya.
They claimed that their removal from office was done unfairly and without following the law, particularly citing violations of their rights to fair administrative action and fair labour practices.
In their court documents, the officials explained that they were not given any prior notice before the dismissal, nor were they provided with official communication or written reasons explaining why they had been removed from their positions.
Instead, they said they only learned about their termination through a public press statement issued by the governor.
Part of the petition reads that the officials felt deeply wronged by the decision, describing it as abrupt and lacking any justification.
They further argued that there was no attempt to follow due process, which is a fundamental requirement under the law when making such serious employment decisions.
The petitioners also acknowledged that while a governor does have the legal authority to appoint and dismiss CEC members under the County Governments Act, such powers are not unlimited.
They emphasized that these powers must be exercised within the boundaries of the law, and in a manner that is fair, reasonable, and transparent.
According to them, the manner in which the dismissals were carried out was “arbitrary and whimsical,” suggesting that the decision appeared rushed and lacked proper consideration.
They added that the action not only affected their jobs but also damaged their professional reputations and caused immediate personal and financial distress.
After reviewing the application, the court certified the matter as urgent. It then issued conservatory orders suspending the governor’s decision to dismiss the officials.
This effectively means that the affected individuals have been temporarily reinstated to their positions until the case is fully heard and determined.
The controversy began on April 9, when Governor Lusaka announced a major shake-up in the county government.
In his statement, he confirmed that he had dismissed the entire cabinet, including the County Attorney and the County Secretary, as part of a broader plan to improve governance and enhance the performance of county institutions.
Defending his decision, Lusaka stated that he acted in good faith and with the best interests of Bungoma residents in mind.
He explained that the changes were necessary to ensure that the county government operates more efficiently and delivers better services to the public.
Despite the scale of the changes, the governor reassured residents that essential services would continue without interruption.
He noted that systems had already been put in place to maintain normal operations across all departments as the county transitions through the changes.
The case is now set to proceed in court, where a final decision will determine whether the governor’s actions were lawful or if the dismissed officials will remain in their positions permanently.
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