Court Declines to Award Fired Employee Ksh280 Million

The Milimani Law Courts in Nairobi as pictured on November 18, 2019.
The Milimani Law Courts in Nairobi as pictured on November 18, 2019.
Simon Kiragu
Kenyans.co.ke

A court has declined to award a former employee of a top audit firm Ksh 280 million.

This comes after Laban Gathungu had filed an application seeking to have 14 of his former colleagues fined ksh 20 million each.

Gathungu, a top sector boss at the consultancy firm, claimed that the firm disobeyed previous court orders.

An empty court room.
An empty court room.
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He also petitioned the court to freeze at least Ksh16 million in the company's bank accounts in order to guarantee his monthly payment in line with the court orders.  

Justice Maureen Odero of the Milimani Law Courts in Nairobi, however, dismissed the application citing that there was no evidence showing willful disobedience to court orders.

"I find that no valid or sufficient reasons exist to review the court's orders made on 13th December 2019.  The present application, therefore, found to be without merit and the same is dismissed in its entirety with costs to the Plaintiff/Respondent.  It is so ordered," Justice Odero ruled.

A previous court ruling dated December 13, 2019, had instructed the firm to pay Gathungu one half of the salary and emoluments owed to him.

Furthermore, it barred the firm from proceeding with the process of termination of Gathungu's membership of the Defendants Council of Partners.

The ruling brought about differences between the two parties as Gathungu fronted Ksh 875,000 as the amount owed to him. The company, however,  asserted that the amount to be paid is Ksh 344,615.

"The plaintiff Gathungu asserts that one-half of his salary emoluments amount to Ksh 875,000 whilst the Defendant (audit firm) asserts that the amount payable is Ksh 344,615. The firm claims that in line with the court order it has already paid out Ksh 2, 067,692 which averment is not denied by Gathungu," Justice Maureen Odero stated.

The consultancy firm had fired Gathungu in 2018 after some of his staff were accused of corrupt dealings.

A court Gavel.
A court Gavel.
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