- On February 23, Employment and Labour Relations Court judge Mathew Nderi ruled that Ouko did not terminate the employment of the claimant.
- The court said Ouko was free to employ another house help upon her arrest.
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An employer who terminated her house help's employment after she was arrested for robbery in the neighbourhood, has been ordered to pay Sh50,000 as damages for failing to pay for her NHIF and NSSF.
Josephine Khatenje had sued her employer Eunice Ouko for allegedly terminating her employment unfairly after being arrested and charged in court.
She sought to be compensated.
On February 23, Employment and Labour Relations Court judge Mathew Nderi ruled that Ouko did not terminate the employment of the claimant.
The court said Ouko was free to employ another house help upon her arrest.
The judge said there was no evidence to prove that Ouko terminated the employment of Khatenje as alleged or at all.
The prayer for a declaration that the respondent terminated the employment of the claimant lacks merit and is dismissed.
The claimant is therefore not entitled to payment of any compensation, the judge ruled.
The court, however, found that the only viable claim was for payment of service gratuity for the period of four years Khatenje worked for Ouko since she admitted that she did not pay National Hospital Insurance Fund and National Social Security Fund for her house help.
"The court, therefore, awards the claimant service gratuity in terms of section 35(5) of the Employment Act, 2007 in the sum of Sh50,000", Justice Nderi ruled.
Khatenje testified that she was employed by Ouko on July 2, 2011, as a house help. She earned a monthly salary of Sh12,500 inclusive of house allowance.
She worked diligently until November 28, 2014, when she was arrested on allegations of theft in Ouko’s neighbour’s compound.
She said that she was released on bond on June 26, 2016, and resumed work at Ouko’s house.
On July 25, 2016, she said her employer terminated her services without any valid reason, notice to show cause and or any hearing.
She accused Ouko of unlawfully retaining her national identification card, voter card and clothes.
She testified that she worked overtime and was never paid. She added that she was not paid gratuity nor for leave days not taken.
Khatenje said she was not registered with National Hospital Insurance Fund (NHIF) and National Social Security Fund.
She said that despite demand, the respondent failed and/or neglected to pay compensation and terminal benefits due and owing to the claimant.
In defence, Ouko testified that she is a former banker and had employed Khatenje as a house help from July 2011 up to November 2014. She said she was arrested in connection with the robbery of a motor vehicle in a neighbour’s compound.
She testified that upon her arrest, she paid her money while she was in custody and the cash payment was witnessed by a police officer and she signed for it also.
She said Khatenje went on leave, did not work overtime and that she paid her bonus from time to time.
Ouko stated that she was not involved in the arrest of the claimant.
She said that upon her release from custody, Khatenje did not go back to work for her.
She stated that she only met her in court when she was called there as a witness. Ouko employed another house help upon the arrest of the claimant.
She confirmed that the claimant’s identification card and clothes were released to her through her lawyers.
She stated that she did not owe the claimant any terminal benefits and that she did not terminate the employment of the claimant.
Under cross-examination, Ouko stated that Khatenje worked six days a week and was off on Sundays.
She stated that she did not pay the claimant overtime since she did not work during the day after preparing the meals.
That in the evening she would prepare dinner and would be finished by 9 pm. That the claimant lived with her.
She admitted not paying National Social Security Fund and National Hospital Insurance Fund for her.