Senator Kithure Kindiki Ordered to Pay Millions for Sacking Pregnant Employee

The Grind Court has coherent a law firm associated with Tharaka Nithi Senator Kithure Kindiki to pay a city lawyer over Sh2.2 million for sacking her on allegations she was pregnant.

Justice Mathews Nduma, sitting at the Employment and Grind Relations Court in Nairobi, ruled that Senator Kindiki unlawfully fired Yasmin Josephine Mokaya.

In her suit papers, Yasmin Mokaya told the court that she connected Kindiki's legal philosophy firm, Kithure Kindiki & Associates, as a trainee in June 2020, and upon being admitted to the bar, she was preserved by the house in January 2020.

The lawyer said she worked happening a written agreement basis, and her last compress was revived on December 29, 2020, for ane year, commencing on January 1, 2020, and ending on December 31, 2020.

On Jan 2020, she informed Kindiki that she was pregnant and that she intended to carry on on her statutory three-month maternity allow from March 5 to June 5, 2020.

The leave was initially approved simply the chairman and founder of the law firm, Kindiki, rescinded the paid leave.

Mokaya said Kindiki told her to accept non-paying leave and when she refused, atomic number 2 hinted to her that her employment would be terminated unless she changed her mind.

The plaintiff said that when she persisted that she was entitled to all payments and benefits due to her while on maternity leave, she received a notice of termination of her employment written by Senator Kindiki dated March 1, 2020, to take effect connected March 31.

The conclusion letter stated that the ground for the termination was repayable to "a long piece of financial constraints."

On February 14, 2020, Mokaya petitioned the Labour Margaret Court to adjudge that her termination was based along her pregnancy, and therefore discriminatory, coloured, unlawful, and in irreverence of the Utilization Act, 2007, the Contract of Employment, and the Makeup.

In its defense, the law unshakable said Mokaya was not retained because her functioning was not exemplary.

Moses Mpuria, the Director of Finance, Organization and Strategy at the law firm, said Mokaya failed her bar examinations whilst serving as a trainee on three opposite occasions.

Although she passed her exams on the third attempt and was admitted as an advocate in December 2020, Mpuria said, her functioning was slightly below average.

"It is not true that the employment of the petitioner was terminated happening business relationship of her pregnancy. The termination was because the steadfastly could no thirster yield to pay her and another employees referable financial constraints," same Mpuria.

In a ruling connected September 30, Department of Justice Mathews Nduma dismissed Kindiki's law firm's contestation that termination of the utilization of Mokaya was due to financial constraints.

"l dismissed claims that the judgment of dismissal was referable financial constraints because, after the termination, she was replaced with some other counselor-at-law named Lilian Nyaga," He stated.

"Kindiki's decision to fire the lawyer after she refused to take a trio months unpaid maternity leave profaned her constitutional right against discrimination on grounds of pregnancy," Justice Nduma added.

The court besides noted that Mokaya suffered psychological torture and framed up accusations during the visitation, adding that the conduct by the Kindiki was scandalous.

"Mokaya was non paid terminal benefits, nor was she compensated for the lin loss. The petitioner lost prospects of career progression in a honorable law firm along unjust settlings," read the judgment.

The Judge ordered the firm to pay Mokaya Sh2,274,051.60.

The amount of money includes Sh1.5 million as damages for violation of her rights, Sh552,894 (like to six months recompense for illicit and unfair termination of employment), Sh129,008 (recompense for unspent leave days) and Sh92,149 (her nonpareil month salary in lieu of notice).

Source: https://nairobiwire.com/2021/10/senator-kithure-kindiki-ordered-to-pay-millions-for-sacking-pregnant-employee.html

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