Court Declares Isiolo Agriculture Chief’s Dismissal Unlawful, Awards KSh 2.5M Compensation
The Employment and Labour Relations Court has ruled in favour of former Isiolo County Chief Officer for Agriculture, Salad Tutana, declaring his dismissal unlawful and awarding him KSh 2.5 million in compensation.
Justice Onesmus Makau, in a decision that underscores the importance of due process in public service employment, found that Governor Abdi Guyo acted illegally by removing Tutana from office without involving the County Public Service Board (CPSB). The CPSB is the only entity legally empowered to appoint or dismiss county public officers.
In his ruling, Justice Makau stated that Tutana’s dismissal violated the principles of fair administrative action and employment law. “The respondent acted unilaterally and failed to accord the claimant his constitutional right to a fair hearing,” the judge ruled.
The court awarded Tutana one month’s salary in lieu of notice, 12 months’ salary for unfair termination, gratuity, and general damages totaling KSh 2.5 million. In addition, the County Government was directed to issue him a certificate of service and pay the costs of the suit.
Tutana had served in the Agriculture docket until his abrupt removal by Governor Guyo, a move that legal experts now say sets a dangerous precedent if left unchecked.
Labour law experts hailed the verdict as a critical precedent affirming that county governors must respect the rule of law and institutional procedures when dealing with public officers. “This is a strong message to county executives: political whims cannot override statutory frameworks,” said a Nairobi-based labour lawyer.
The ruling is expected to have ripple effects in how county governments handle appointments and terminations, with legal analysts urging all public bodies to strictly adhere to the guidelines set by the Public Service Boards and the Constitution.
Tutana, speaking after the judgment, welcomed the court’s decision and called on public servants to stand firm in defending their rights. “This victory is not just mine. It’s for every public officer subjected to arbitrary decisions,” he said.
The ruling is a significant development in Kenya’s evolving landscape of devolution and accountability in public service management.
