A driver who lost his job for dating a co-worker has been awarded Ksh790,398 in damages by the Employment and Labour Relations Court.
In a judgment delivered by Judge Stella Rutto, she ruled the dismissal of the claimant, Domini M., was unlawful as it lacked substantive determination.
The claimant sued his employer for dismissing him in May 2024 for having a romantic relationship with one of the NGO's beneficiaries.
The driver argued before the court, explaining that he was summoned by the human relations department after the woman enquired about him.
"The laimant is awarded one month's salary instead of notice, amounting to Ksh87,822, and is awarded compensatory damages of Ksh702, 576, equivalent to eight months of his gross salary. The total award is therefore Ksh790,398," the judgment read in part.
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The court also ruled that the driver be refunded the money spent on the lawsuit.
According to the claimant, his issues began after the lady he was in a relationship with visited his office premises after he cut off communications with her following a work transfer.
He was then issued a show-cause letter requiring him to respond to allegations of engaging in a sexual relationship with an adult community member in Mutumo.
The driver argued that the relationship was consensual and that the woman in question did not claim any harassment or exploitation.
"The Claimant testified that his relationship with Ms Kailu was consensual, lawful, and a protected form of association between adult persons of opposite sex, and that during the three years of their relationship, no complaint of misconduct was ever raised," the court documents read in part.
He also argued that his rights were violated after he was compelled to divulge intimate details of a private relationship with a consenting adult.
The woman in question testified in court that she had only gone to ask for his contact out of concern, but the person she interacted with at the time seemed to have a personal grudge with the driver.
She further confirmed that her relationship with the Claimant was consensual, lawful, and without incident during the three years it lasted.
