Driver Wins Sh790,000 After Being Sacked for Alleged Love Affair at World Vision Kenya

The Employment and Labour Relations Court has ruled against World Vision Kenya over the dismissal of long-serving employee Dominic Mutuku Mulavu, ordering compensation of Sh790,398.

In May 2024, World Vision Kenya terminated Mr Mulavu, a driver with more than ten years of service, following allegations that he had violated the organisation's safeguarding policy by engaging in a romantic relationship with a beneficiary. However, it was revealed that the woman involved, Ms Mercy Kailu, was not a beneficiary, but an independent businesswoman from Kitui County. 

The relationship, which began in 2022 and lasted three years, was consensual and intended to culminate in marriage. The employer was unable to provide evidence that Ms Kailu was a beneficiary of the organisation’s services.

Justice Stella Rutto, who delivered the judgment, acknowledged that World Vision Kenya had followed proper procedures in its disciplinary process, but concluded that the safeguarding policy had been misapplied in this instance. The judge clarified that the safeguarding framework was designed to prevent exploitation of children and vulnerable adults, not to regulate lawful personal relationships between staff and community members. 

Applying the "reasonable response" test, the court found that no reasonable employer would have dismissed Mr Mulavu under the circumstances. The court awarded Mr Mulavu one month's salary in lieu of notice, in addition to eight months' gross pay as compensation for the premature termination of his career. 

His separate claim for privacy violation was dismissed, with the judge noting that any information disclosed during the disciplinary proceedings had not been improperly shared.