Court Awards Former Kisumu Chief Officer Sh2.5M for Unfair Dismissal

by Lawyer Alex

A former Kisumu Chief Officer Lucy Atieno Matengo has been awarded Sh2.5 million in lost salary and gratuity for being wrongfully dismissed.

The Labour Court in Kisumu ruled that the Gender, Culture and Sports officer who sued the County’s Public Service Board alongside Governor Peter Anyang’ Nyong’o was indeed unfairly sacked.

“The county did not afford the her an opportunity to make representations before arriving at the decision to bring her contract to an end, and the Court finds that this was unfair,” said Justice Stephen Radido of the Labour Court.

Matengo was confirmed in the position for a 5-year term on January 26, 2017 and was sent on compulsory leave on August 24, 2017 by Governor Nyong’o who wanted to “evaluate her performance and reorganize the county government.” 

“The compulsory leave was followed by a letter dated September 26, 2017 informing me of the contract’s termination. The reason given was the reorganisation of the county government,” she pleaded in her court papers. In the petition filed on August 15, 2018, Matengo sued for unfair employment termination and breach of contract, she was seeking Sh5,523,293 in compensation.

In his ruling last week, Justice Radido awarded her Sh2,539,120. The sum was for the lost salary of Sh905,520 and gratuity of Sh1,633,600. Her plea that the county foots the cost for the case was however dismissed.

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