Legal Battle

Radio Africa enjoined in Kamene, Kibe suit

Radio Africa being their current employer also sought to be enjoined in the case as an interested party.

In Summary

• Kamene and Kibe resigned from NRG Radio and paid their ex-employer three months' salary in lieu of notice.

• They were sued by NRG Radio over a three-month non-compete clause in the radio station's employment contracts, according to court documents.

Andrew Kibe and Kamene Goro
Andrew Kibe and Kamene Goro
Image: Courtesy

Radio Africa Limited was yesterday enjoined in a lawsuit involving two of their radio presenters, Kamene Goro and Andrew Kibe.

NRG Radio had filed a preliminary objection against Radio Africa being part of the suit, but the court ruled in favour of Radio Africa and enjoined the company as an interested party.

Kamene and Kibe resigned from NRG Radio and paid their ex-employer three months' salary in lieu of notice.

 
 

They were sued by NRG Radio over a three-month non-compete clause in the radio station's employment contracts, according to court documents.

Yesterday, in a court application, Radio Africa requested the court to "set aside the orders issued by this Honourable Court on 28th June, 2019". The orders have stopped Kamene and Kibe from working at any radio station.

The application further stated that Kibe and Kamene "entered into an employment contract on 14th June, 2019, as Content Creators and Radio Presenters". This was before NRG went to court to bar the two from being employed.

Radio Africa being their current employer also sought to be enjoined in the case as an interested party.

According to an affidavit sworn by Radio Africa's head of legal, Linda Musita, Kamene and Kibe "have been placed on Radio Africa's payroll subject to statutory deductions and employee benefits," and the orders made by the court on 28th June are prejudicial to the company.

In addition to this, Radio Africa has told the court that it has invested a lot of money in refurbishing the radio station’s studio, training Kamene and Kibe, hiring additional staff and consultants, and promotion and publicity for its employees' upcoming radio show.

The case will be back in court on  July 22.

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