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 Kindiki, who is the chair of the law firm, rescinded the decision and directed her to take unpaid maternity leave.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.
Comments
Kithure might have been…
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Kithure might have been Wanjiru,Sonko,Joho,Raila’s classmate at UNJINGA UNIVERSITY.How can a whole law prof sack an employee for being pregnant?Judge Dark should have ordered an inquiry whether this useless senator had any sexual interest with Yasmin.She should also appeal as the award was peanuts.
You are sick of Our 5th…
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In reply to Kithure might have been… by Morris Menye (not verified)
You are sick of Our 5th President Rao.Inakaa uko na shida ya akili punguani.Hata gf akikulwa nje utasema tu ni Raila.Phtooo !!!!!
tommy is my neighbor’s dog…
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In reply to You are sick of Our 5th… by tommy (not verified)
tommy is my neighbor’s dog in Kenya.He eats all leftovers and bones from around the area.It’s wonderful to hear our village dog has a president called RAO.
Menye in my language is that…
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In reply to tommy is my neighbor’s dog… by Morris Menye (not verified)
Menye in my language is that garlic, sour like pungent smell of a dirty mouth with last Christmas's avocado and Sukuma wiki leftovers still present on his teeth
@mente - Because kindiki is…
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In reply to Kithure might have been… by Morris Menye (not verified)
@mente - Because kindiki is a very foolish man! They studied law but they violate every aspect of it! They are lawyers by title only but they wrong folks every day!
Now @menye - please stop insulting baba! He has done nothing wrong! It is certain Kikuyus who demonized him; kindiki and your uncle Kiraitu included!
Give Raila a break! He is going to be your next president of the Republic of Kenya!
You don’t want to accompany Ruto to The Hague to be his cell mate!
I thought he was one of our…
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I thought he was one of our reasonable and better minds in the country! Apparently, all we got are greedy a--holes! How sad??
Any dummy who follows a…
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In reply to I thought he was one of our… by Mwororo (not verified)
Any dummy who follows a thief to the hilt is useless! Kindiki is a Ruto student of corruption! All those tanga tanga animal singing the gospel according to Ole Mashamba have no love of Kenyans and Kenya! They have all stolen enough of our tax money and made Kenyans poorer!
Justice served.Most than…
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Justice served.Most than anything else, this victory serves as awarning to like minded bosses who make their own laws.
It is even shameful that this mistreatment took place at a law firm.
very wrong but this happens…
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very wrong but this happens all the time.
So there you have it…
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So there you have it. Teaching him? - they did. I mean he's a Prof, but they taught him how to read ONLY The "good" prof never learnt how to reason. He's at it AGAIN for the wrong reasons.
Does kindiki look like he…
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In reply to So there you have it… by My Two Cents (not verified)
Does kindiki look like he has some brains to you? He has always been on the wrong side of the fence! What a shame for a man who teaches law to be violating the same law he teaches!
This big hit should resign!! It is no accident that this tanga tanga fools are exposing themselves like crows!
SEEMS LIKE OUR MOST LEARNED…
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SEEMS LIKE OUR MOST LEARNED BROTHERS ARE THE DUMBEST STREET RETARDS EVER.
Kumbe hiki Kindiki Kithure…
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Kumbe hiki Kindiki Kithure hakina utu.
Kindiku should be forced to…
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Kindiku should be forced to pay more to the expecting lawyer! These are Ruto goons who treat women like dirt! It is a very good time to fire all these clueless fools! Ruto will treat women the same way kindiku is treating female employs! Let’s not allow them to come close to presidency through DP Ruto! They are all tanga tanga idiots!
It is said that money is a…
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It is said that money is a big motivator for action,innovations,and there lack of...
We live in rapidly changing world that offers solutions to different social problems we create,and to those nature has dealt us.
What Iam going to say may sound un ethical,anti social,and worst inhuman.And that is, how about if artificial womb is readily available through science.How many career women would go for it?This way, the mother's careers would sails smoothly without the encumbrance of pregnancy...
Iam also mindful that social changes require alot of effort,especially those that go against what is taken to be natural.Like a woman carrying achild in her womb.
Of course this kind of innovation gives women who cannot bear children due to biological reasons,a chance to have their own natural babies.But you cannot deny the fact that some women who think that getting pregnant might retard their career advancement or ruin their figures,might take advantage of artificial womb.Let's look at this objectively bearing in mind that this may be for a very few brave women.When science gives us afew options that our ancestors never had,shouldn't we embrace them full heartedly?
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