Court Reinstates Bungoma County Officials Fired by Governor Lusaka

Court Reinstates Bungoma County Officials Fired by Governor Lusaka

The Employment and Labour Relations Court has issued interim orders reinstating a group of senior Bungoma County officials who were dismissed by Governor Kenneth Lusaka, marking a significant legal development in an unfolding governance dispute within the county administration.

The ruling follows an urgent petition filed by 11 officials, including County Executive Committee (CEC) members and the County Secretary, who challenged their abrupt removal from office. The petition was lodged shortly after Governor Lusaka announced the dissolution of his entire county cabinet, citing the need to enhance efficiency and improve service delivery.

In their application, the petitioners argued that the dismissals violated constitutional safeguards, particularly the right to fair administrative action and fair labour practices. Through their legal counsel, advocate Peter Wanyama, they maintained that the decision was made without prior notice, due process, or formal communication.

“The petitioners are aggrieved with the decision of the Governor of Bungoma to abruptly and without any reasons at all dismiss them from office,” read part of the court documents.

“The dismissal was done in the form of a press statement and was not preceded by any semblance of procedural fairness at all. None of the petitioners has received a letter communicating the decision to terminate their employment,” the filing further stated.

The court, upon reviewing the application, certified the matter as urgent and granted conservatory orders suspending the governor’s decision. This effectively reinstates the officials to their respective positions pending the hearing and determination of the case.

Legal experts note that the ruling underscores the judiciary’s continued emphasis on due process, even in cases where public officers serve at the discretion of appointing authorities. While governors are empowered under the County Governments Act to appoint and dismiss CEC members, the court indicated that such powers must be exercised within the bounds of the Constitution.

The petitioners further argued that the dismissals were “arbitrary and whimsical”, adding that the move had caused immediate harm to their professional reputations and violated their employment rights. They insisted that any restructuring of the county executive must adhere to established legal procedures.

Governor Lusaka had earlier defended his decision, stating that the sweeping changes were necessary to streamline operations within the county government and improve overall performance. He maintained that the move was undertaken in good faith and in the public interest.

Despite the abrupt nature of the dismissals, the governor assured residents that service delivery would not be affected. He indicated that transitional measures had been put in place to ensure continuity in essential services across the county.

However, the court’s intervention now places the implementation of the governor’s restructuring plans on hold, at least temporarily, as the legal process unfolds. The reinstated officials are expected to resume their duties immediately unless further directions are issued by the court.

The case is likely to attract broader attention, particularly regarding the limits of executive authority at the county level and the balance between political discretion and constitutional accountability.

Observers say the outcome of the case could set a precedent for how similar disputes are handled in the future, especially in instances where mass dismissals are undertaken without clear procedural frameworks.

As the matter proceeds to a full hearing, both parties are expected to present detailed arguments on the legality of the governor’s actions and the extent of protections afforded to public officers under Kenyan law.

The court is yet to set a definitive hearing date, but the interim orders remain in force, ensuring that the status quo is maintained until the dispute is conclusively resolved.

ALSO READ: Wetang’ula Pushes for Criminal Sanctions as Governors Defying Parliamentary Summons

Court Reinstates Bungoma County Officials Fired by Governor Lusaka