Senator Kithure Kindiki Ordered to Pay Sh2.2 Million for Firing Pregnant Lawyer

Tharaka-Nithi Senator Prof. Kithure Kindiki has been ordered to pay a former employee Sh2.2 million for illegal termination of her employment.

Yasmin Josephine Mokaya sued the senator’s law firm T/A Kithure Kindiki & Associates after she was fired while pregnant in January 2018.

Mokaya told the court that her line manager had approved her maternity leave but Prof. Kindiki, who is the chair of the law firm, rescinded the decision and directed her to take unpaid maternity leave. When she declined and insisted on getting her full pay, she was served a notice of dismissal.

In his ruling, Labor court judge Mathews Nduma said Prof. Kindiki violated Mokaya’s constitutional rights, terming his actions as discriminatory, unfair, and unlawful.

"The court finds and declares that Prof. Kindiki violated Section 5(3) (a) of the Employment Act (2007) read with Article 27(4) of the Constitution for terminating the employment of Ms. Mokaya on account of her pregnancy," judge Nduma ruled.

The young lawyer was awarded Sh1.5 million as damages for violation of her rights, Sh552,894 for unlawful and unfair termination of employment, Sh129,008 for unspent leave days, and Sh92,149 as salary in lieu of notice.

The court dismissed Kindiki and the law firm’s claims that the termination of Mokaya’s employment was as a result of financial woes.

"There is no single evidence presented by the firm regarding financial constraints at the time of her termination in the year 2018," judge Nduma ruled.

The judge further ruled that the plaintiff suffered psychological torture and framed up accusations during the trial, adding that the conduct by Kindiki was egregious.

“The petitioner 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,” Nduma said.