A court has ordered Tharaka Nithi Senator Kindiki Kithure to compensate a lawyer Sh2.2 million for wrongful dismissal.
Justice Mathews Nduma, sitting at the Employment and the Labour Relations Court in Nairobi, ruled that Kindiki’s decision to fire Yasmin Josephine Mokaya, a lawyer who worked at his lawfirm, after she refused to take an unpaid maternity leave violated her constitutional right against discrimination on grounds of pregnancy.
According to Justice Nduma, the conduct by Kindiki was discriminatory, unfair and unlawful adding that Mokaya did not contribute to her termination.
“Mokaya was not paid terminal benefits, nor was she compensated for the job loss. The petitioner lost prospects of career progression in a good law firm on unjust grounds,” said the judge.
According to Justice Nduma, Mokaya suffered psychological torture and framed up accusations during the trial.
Kindiki will pay Mokaya Sh.1.5 million as damage for violation of her rights, Sh552,894 (equivalent to six months compensation for unlawful and unfair termination of employment), Sh129,008 (compensation for unspent leave days) and Sh92,149 (her one month salary in lieu of notice).
In a petition filed on March 19, 2019, Mokaya sued Kindiki’s firm Kithure Kindiki and Associates, saying she joined the law firm as a pupil on June 2, 2015 and upon being admitted to the bar she became an advocate and was retained by the law firm on January 1, 2016.
On January 26, 2018, Mokaya informed the law firm that she was pregnant and intended to proceed with her maternity leave from March 5, 2018, to June 5, that same year and the maternity leave was approved.
However, Kindiki withdrew the leave approval with no sufficient reason or explanation.
Mokaya says she was informed that she should forfeit any payment and benefits while on maternity leave which she refused the request and informed the law firm that she was entitled to all benefits while on maternity leave.
Further, Mokaya said she had several meetings with Kindiki on the issue of her maternity leave and benefits while on leave, and he contemplated termination of her contract if she did not write a letter forfeiting her pay during the period.
On March 1, 2018, she says she received a letter of termination. The reason for the termination was due to financial constraints.
She noted that there had been no prior notice that the law firm was facing financial constraints and that some of its employees would be declared redundant.
Mokaya sought a declaration that the termination of her employment was based on her pregnancy, and therefore discriminatory, unfair, unlawful and in violation of the Employment Act.