A woman has sued businessman Simon Kabu and Sarah Njoki Nyaga over a home video that went viral, citing a breach of privacy, cyberbullying, and mental anguish.
In December 2024, the woman was thrust into the limelight following an alleged CCTV footage leakage that triggered a debate on the marital woes of the directors of travel agency, Bonfire Adventures, Simon and Sarah.
In court papers filed by Harry Stephen Arunda of Byronne & Harry Advocates, the woman claims that her employment as a nanny and homeschool teacher for the Kabus’ two children in June 2024 was part of a ruse aimed at using social media to make her a scapegoat for the estranged couple’s marital problems.
In the case filed at the Employment and Labour Relations division of the High Court, JK has listed Bonfire Adventures & Events, Simon Kabu and Sarah Njoki Nyaga as defendants.
JK’s case has shone a spotlight on the seemingly troubled life of the Kabus, which is a stark contrast to what the estranged duo has shown the public for years – a happy-clappy successful entrepreneur couple.
Simon has filed an objection, asking the judge to strike the case out on the grounds that the Employment and Labour Relations court has no authority to determine it.
JK, a trained teacher, claims in the court papers that the Kabus have colluded with agents from the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP) to help Sarah dodge attempted murder charges.
She is seeking Sh7 million for sexual harassment by Sarah, Sh7 million for breach of confidentiality by Simon’s release of the CCTV footage, and violation of dignity by both Simon and Sarah.
“Both Mr Simon Kabu and Mrs Sara Njoki used me exploitatively for their selfish motive and [to] make me their scapegoat for their marital issues despite knowing the truth that my employment was purely professional and I am morally fit and upright,” JK says in her court papers.
Simon hired JK through Bonfire Adventures & Events Limited, following an interview at the company’s Yala Towers offices in Nairobi. JK’s contract was with the company, which is co-owned by the estranged couple.
The saga, which has snowballed into an intrusive legal battle exposing secrets of the Bonfire Adventures proprietors, started on July 8, 2024, barely a month after JK was hired.
Simon and Sarah were already separated, with the latter having already moved out of their marital home in the posh Edenville gated community on Kiambu Road.
The case has also revealed that Sarah may have narrowly dodged criminal charges for causing actual bodily harm to JK, which carries a maximum prison sentence of five years.
JK says in court papers that Simon had all along attributed Sarah’s absence from the home to a busy working schedule.
The story fell flat on its face on July 8, 2024, when Sarah arrived at the Edenville home seeking to get the children and leave with them.
JK told Sarah that Simon had left earlier with the children. Sarah demanded that JK call Simon and tell him to bring the children back home, as she wanted to leave with them.
JK complied, but Simon allegedly said Sarah should call him directly.
Sarah told JK to call Simon again and then got out of her car and picked up some personal effects from the house.
Sarah allegedly fired JK on the spot and ordered her out of the house. JK says she packed her belongings hailed a taxi, and then informed Simon of the happenings.
Simon told JK to go back to the house and resume her duties immediately, which she did. She adds, that the following morning she was woken up by loud bangs on her bedroom door, which turned out to be Sarah.
“She shouted at me and hurled insults at me with sexual innuendos that I was having a sexual affair with Mr Simon. She threw my personal belongings outside with stern instructions to leave her house immediately,” JK says in court papers.
After collecting her shoes that Sarah allegedly threw outside the house, JK returned to collect her personal belongings.
Sarah wanted JK out, but Simon insisted that she was going nowhere and ordered the nanny to go and prepare breakfast for the children.
As she was still stuck between the two orders which seemed to carry equal weight, JK says that Sarah attacked her with a kitchen knife “in a fit of rage” and hurled more insults, which formed the basis for JK’s first compensation claim.
JK left the house, headed for treatment and reported the incident to the police.
The incident was captured by CCTV cameras installed in the Kabus’ home, but JK was not aware of it until the aftermath of the attempted stabbing.
Failure by the Kabus to notify JK of the cameras is one of the limbs she is using to make a compensation claim, for alleged violation of Article 35 of the Constitution, which provides that citizens have the right to access information held by others that is required to protect or exercise their own rights.
On her way to the police station, JK asked Simon for a copy of her employment contract, which the businessman sent through WhatsApp.
She also protested against the early morning incident, and Simon allegedly pleaded with JK not to report to the police and instead pursue a private settlement.
She declined. Upon report, the police were bent on preferring attempted murder charges.
An investigating officer only identified as Catherine in the court papers was assigned the case. Catherine informed JK that Sarah snubbed the summons to record a statement.
JK says that on July 12, 2024, Sarah was taken to the police station. Simon tagged along, despite not being summoned. During the session, the CCTV footage was reviewed.
Sarah was set to be charged on July 15, 2024, with assault and causing actual bodily harm in line with the ODPP’s approval.
JK went to Kiambu Law Courts on the day and noticed that Simon was also present. Sarah was not present and was not charged. Her case was not among those listed.
The former nanny then wrote a protest letter to the ODPP on July 18, 2024. The ODPP ordered the DCI to record Simon’s statement, along with others necessary for the case.
On August 28, 2024, Simon sent Sh250,000 to JK’s bank account, but the court papers do not indicate what the money was for.
Nothing happened until the ODPP’s Kiambu branch summoned JK on September 30, 2024, to explore an out-of-court deal.
On October 15, 2024, Sarah and JK reached an out-of-court deal, and it was agreed that the money Simon had sent the latter be considered part of the settlement fee. JK now maintains that she agreed to the settlement out of duress.
“I opted for settlement because I was disappointed at how my case was being handled, the prejudice, and negative discrimination I faced at the Kiambu police station. Sarah’s case was a clear manifest of how the rich are protected by the law even if they are in the wrong,” JK says in her court filings.
“The investigating officer and the OCS Kiambu pressed me many times to enter into a settlement with Mrs Sarah Kabu and that I should not involve an advocate whatsoever. They told me that Mrs Sarah was willing to give me Sh100,000 to settle the matter and close the file,” JK adds.
The matter should have ended on October 15, 2024, after the deal was signed and everyone was told that the CCTV footage had been deleted. But on December 4, 2024, the same video that was non-existent started trending on social media.
JK claims that Simon and Sarah paid some bloggers and social media users to malign her name for publicity stunts.
When JK called Simon and asked why he had leaked the video. Simon allegedly said he mistakenly sent it to the Bonfire Adventures WhatsApp group while trying to get the footage to his lawyer.
Those form the basis of JK’s next two claims for violation of privacy and reputational damage, for which she wants Sh14 million.
The former nanny says that incessant calls and being shunned by some friends and relatives following the CCTV footage leak and claims that she is romantically involved with Simon has now forced her to retreat to her village in Meru.
JK adds that owing to stress, she has not been eating well, even during the festive season, and has lost over five kilos.
