The Employment and Labour Relations Court (ELRC) has directed Governor Joseph Ole Lenku and the Kajiado County Public Service Board to comply with a ruling that declared the dismissal of former employee Jonathan Kulei Marima unlawful.
The matter, filed under Case Number ELRCJR/E042/2025, was determined by Justice Byram Ongaya, who on October 30, 2025, issued a decree reaffirming that the termination of Marima’s contract on August 16, 2023, was beyond the Governor’s legal authority.
The court found that the decision violated several constitutional guarantees, including the principles of equality, human dignity, fair administrative action, fair hearing, and protection of public officers.
Justice Ongaya ruled that the process was unconstitutional, prejudicial, and amounted to a gross violation of Marima’s rights.
The court quashed the termination letter and ordered Marima’s immediate reinstatement with full benefits. He was to resume duty in the same or equivalent position, without loss of salary or allowances. The decree also directed the county to pay arrears amounting to KSh 2,994,240, representing 15 months’ salary from August 2023 to December 2024, less statutory deductions. The payment was due by March 1, 2025, with interest accruing thereafter until settlement.
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The benefits were later extended to September 27, 2025, marking the lawful expiry of Marima’s contract. In addition, the county was ordered to pay KSh 191,788.40 in taxed legal costs.
Despite these clear instructions, the respondents (Governor Joseph Ole Lenku and the Kajiado County Public Service Board) failed to act, prompting Marima to seek further enforcement. On October 30, 2025, Justice Ongaya issued a order, compelling the Governor and the Public Service Board to implement the decree in full.
The order requires the county to reinstate Marima, settle his salary arrears and benefits, pay the assessed costs, and honor the declaration that his dismissal was ultra vires. The respondents must also meet the costs of the latest application.
By Masaki Enock
