Nyeri Governor Mutahi Kahiga was slapped with a hefty bill after the court found his county guilty of withholding his former deputy's salary.
Caroline Karugu who served as deputy governor was awarded Ksh8 million in salary arrears by the Employment and Labour Relations Court.
The court found that the devolved unit erred after it withheld Karugu's salary since June 2021.
In her ruling, Justice Maureen Onyango declared that the conduct of the county government was unlawful.
The judge noted that an employer is not supposed to stop paying salaries without following the law.
“As per the Fair Administrative Actions Act, failure to furnish its employee with the reasons and proof taken for disciplinary action, the law presumes that the action taken was without good reason,” the judge stated.
Justice Onyango stated that the devolved unit had disobeyed Sections 4 and 6 of the Fair Administrative Actions Act, which mandated it to be fair when taking disciplinary action against employees.
The county admitted that it had not communicated to Karugu before it stopped paying her salary.
Through her lawyer Harrison Kinyanjui, Karugu stated that she last received her salary in November 2019, while her entertainment, phone, fuel and house allowances were last paid in November 2018.
Nyeri County through lawyer Kamotho Njomo told the court that the devolved unit stopped paying Karugu's salary claiming that she was not carrying out her duties.
Further, the county claimed that the salary payments were stopped after a report indicated that Karugu had not been reporting to work.
Karugu sued Nyeri Governor Mutahi Kahiga stating that she was forced to use her finances to facilitate government services like fueling her official county government car.
She stated that the rights and freedoms of the DG had been infringed since the halting of her salary payment of Ksh685,250 and the closure of her office.
