Bomet Woman Representative Linet Chepkorir alias Toto has been ordered to pay nearly Sh1 million to her former senior employee over unlawful termination, amid claims that the legislator's spouse interfered with staffing decisions and threatened him with dismissal.
The Employment and Labour Relations Court ruled that Kipkirui Dominic Mutai was unfairly dismissed from his position as deputy county manager in Ms Toto's office. This, the court said, was after being locked out of work at the Parliamentary office without notice, disciplinary proceedings or a termination letter.
The court awarded Mr Mutai Sh990,110 plus interest at 14 percent annually, although he had sought at least Sh2.8 million in monetary claims, excluding general damages, costs and reinstatement.
It found that Mr Mutai’s evidence remained unchallenged after the respondents, Ms Toto and the office of Bomet County Woman Representative, failed to file any defence documents, witness statements or submissions despite court directions.
Bomet Woman Representative Linet Chepkorir Toto.
Photo credit: Vitalis Kimutai I Nation Media Group
Mr Mutai had told the court he was employed on October 3, 2022 on a five-year contract earning a monthly gross salary of Sh165,000.
He said trouble began in March 2023 after he allegedly received threats from Ms Toto’s spouse over his continued stay in office.
According to the court ruling, Mr Mutai reported the threats at Bomet Police Station. He further told the court that on April 20, 2023, a person sent by the Woman Representative collected office keys from him and denied him access to his workstation.
It was his case that despite writing several letters seeking clarification and redeployment, no response was ever given by the office.
“The claimant further stated that the spouse persisted in issuing threats of termination and denial of remuneration,” the court said in the judgment.
It noted that authority to hire or dismiss staff rested with the Woman Representative’s office and not private individuals.
The court held that the dismissal breached provisions of the Employment Act requiring employers to provide valid reasons, notice and a fair hearing before termination.
“He was forced out of his office without proper justification,” the judge said.
“The court holds that the claimant was unfairly terminated because the respondents did not give him any valid reason or allow him a fair hearing.”
'Lack of seriousness' in handling dispute
Further, the court criticised the conduct of the respondents throughout the proceedings, saying they ignored court timelines and mediation efforts. Records presented in court showed the matter had initially been referred to mediation, but the respondents failed to attend subsequent sessions.
“The respondents ignored court orders and failed to file their defence documents,” the judge said.
However, the court declined to reinstate Mr Mutai to his former position, saying the remedy was not practical under the circumstances. It awarded him one month salary in lieu of notice, compensation equivalent to three months salary for unfair termination and unpaid salary arrears for March and April 2023.
Mr Mutai had argued that he took personal loans after securing the five-year employment contract and expected to serve the full term.
He told the court he continued reporting to work for months without pay before eventually being locked out.
