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In a ruling by Justice Jorum Abuodhaon on January 17, 2025, the Employment and Labour Relations Court in Nairobi spotlighted a controversial case involving the dismissal of teacher Mr Japher Nanjira Musa from Makini Schools.
This case has raised pressing questions regarding the use of workplace digital tools for personal communication, amid a growing concern for privacy in the digital age. The controversy originated in 2021 when blogger Cyprian Nyakundi published defamatory information about Makini Schools.
To identify the source of the breach, the school discovered that a laptop belonging to suspended Human Resources officer Silas Wafula was still logged into WhatsApp, revealing chat conversations that contained sensitive information.
During court proceedings, it was revealed that an examination of Mr Wafula’s WhatsApp communications uncovered incriminating content suggesting collusion with Japher Nanjira Musa, a veteran teacher at the school. The dismissal of both Mr Wafula and Mr Musa following these findings has stirred critical discussions about the legality of privacy invasions in workplace investigations.
Mr Musa, who had dedicated 18 years to the institution, contested his dismissal—which occurred in October 2022—arguing that the evidence used against him was obtained unlawfully, infringing upon his right to privacy. His defense was underpinned by his role as a shop steward, asserting that his actions were primarily motivated by a commitment to advocating for employee rights.
Conversely, Makini Schools contended that communications conducted on company-owned devices do not enjoy absolute privacy, thus justifying the investigation into the WhatsApp messages given the gravity of the allegations involved. In a decision rendered by Justice Jorum Abuodha, the court supported the school’s stance, asserting that the messages stored on a company laptop did not constitute a violation of personal privacy.
However, the court identified procedural violations in the disciplinary processes applied to Mr. Musa. It concluded that he had not been allotted adequate time to prepare his defence and noted that the composition of the disciplinary committee was improper.
As a result, while reinstatement was not deemed possible due to the elapsed time since his dismissal, the court mandated that Makini Schools compensate Mr. Musa for unfair dismissal.