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Huduma Namba Roll Out Stopped, Court Declares It Illegal

by Yahil Felix
written by Yahil Felix

High Court sitting on Tuesday morning rejected the decision by the state to roll out Huduma number cards ruling out that it was illegal.

Justice Jairus Ngaah during his ruling faulted the government for not conducting a data protection impact assessment before rolling out Huduma Number cards last year.

The High Court Has also ordered the government to carry out an impact assessment before rolling out the Huduma cards.

“Order of mandamus is hereby issued compelling the government to conduct a data protection impact assessment in accordance with Section 31 of the data protection act before processing of data and rolling out the Huduma cards,” ordered the judge.

This decision comes after Katiba Institute and law scholar Yash Pal Ghai challenged the roll out of the cards over lack of guarantees of theft of misuse of Kenyans’ personal information.

The lobby group and Yash Pal Ghai argued that the state failed to subject the fresh registration of Kenyans to data protection impact assessment (DPIA) which is a requirement under the law.

The assessment’s objectives is to flag risks that could reveal breaches of privacy, loss of data and unlawful use of information like names, date of birth, post codes and residences.

Currently, majority of Kenyans have received Huduma Namba cards after its roll out. The current national identity cards will be invalidated on December this year.

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Others

Agony For Mother With Sick Child As She Becomes Stranded In India While Bills Pile

by Yahil Felix
written by Yahil Felix

When Florence Akinyi Omollo gave birth to her daughter in 2019, she was elated. Little did she know this joy wouldn’t last long as her baby began developing persistent chest problems.

She resorted to getting the best medication for her daughter Everlyne Tiffany Owino by going to India on October 3.

The girl was to undergo an open-heart-surgery at New Delhi’s Fortis Escort Heart Institute (FEHI).

Since their stay was to last for three months in India, and the National Hospital Insurance Fund (NHIF) having committed to pay Ksh 500,000 as part of the bill, she decided to travel while her husband, a mechanic in Umoja Inner core, mobilized funds through friends and relatives.

She found out she was wrong after realizing that the surgery would cost Ksh 1 million. A double price from the 500,000 NHIF had committed to pay.

Since October 33, the little girl has not been admitted due to lack of hospital fees. On October 6, FEHI wrote to confirm that they had received the NHIF’s Guarantee of Payment (GOP) but noted the estimated cost was higher than ‘GOP.’

The mother is now forced to stay with her daughter in an affordable hotel in India, the girl survives only on suckling or blended fruits.

Akinyi has maintained that nothing can stop her from finding the straight and hopes.

Her decision to move to India was as a result of the doctor’s warning that time was running out and that the surgery would have to be done before the end of October.

With the decision she made with her husband, she traveled to India with the baby while the husband remained in Nairobi to organize a fund drive. Her return ticket cost sh 94,000.

“Due to the complexity of the case and severe PAH (Pulmonary Arterial Hypertension), the baby has been referred abroad where the pulmonary measures can be managed,” wrote Kenyatta National Hospital’s Naomi Gachara, the KNH’s Pediatric Cardiologist.

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Politics

Blow To Raila AS OKA Principals Make New Move To Block Him From Reuniting With Them

by Yahil Felix
written by Yahil Felix

Orange Democratic Movement leader Raila Odinga might have suffered a blow after One Kenya Alliance Principals made a new move to bar him from re-uniting with them.

The team has revealed that they will sign a coalition agreement that prevents them from joining any political coalition.

Sources have revealed that OKA technical committee are working tirelessly to have a coalition agreement signed by the principals as soon as possible.

The agreement will bring together six senior political bigwigs in the country, that is, ANC leader Musalia Mudavadi, Wiper’s Kalonzo Musyoka, KANU’s Gideon Moi, Ford Kenya’s Moses Wetangula and Cyrus Jirongo who recently joined the alliance.

Kimilili MP Chris Wamalwa has said that the technical committee has finalized the coalition’s instrument which seeks to bring the principals together.

The news about this coalition agreement comes a day after Kalonzo Musyoka vowed never to back Raila in his presidential bid. He said it is time for the ODM chief to support him having done the same for him in the last two elections.

Kalonzo also urged Raila to retire from politics noting that he is old enough to go home. Kalonzo expressed confidence that OKA is becoming a serious political challenger in 2022 contest and urged other political parties to join them.

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Others

Nimechoka Na Curfew! CS Kagwe States As He Says Government To Make Changes

by Yahil Felix
written by Yahil Felix

Health Cabinet Secretary Mutahi Kagwe on Wednesday October 13, 2021 stated that he is also tired of the new mode of operation in the country since Kenya reported the first case of Covid-19.

He appreciated the fact that Kenyans are tired with the different measures such as the nationwide curfew, set by the government to curb the spread of the pandemic.

The CS while speaking exclusively to a local radio station said that the government will soon ease some of the Coivid-19 restrictions once the country registers a positive rate.

“I am tired too and I am a Kenyan and I want to get back to normal life but it will take a while to get back to what we call normal life because even after opening the economy, things like wearing of masks and social distancing will remain,” said Kagwe.

According to the CS, Covid-19 fatality rate has dropped significantly as a result of the government’s intervention.

He further stated that Kenya has made improvements in the fight against the novel virus, stating that the country’s fatality rate is currently below the global average.

He attributed this drop to Kenyans’ adherence to Covid-19 protocols and the commitment by health workers in the fight against the virus.

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Crime & Investigations

Good Job: How Okiya Omtatah Saved Busia Aistrip From 22 Land Grabbers

by Yahil Felix
written by Yahil Felix

In a petition filed in court by activist Okiya Omtatah, Busia High Court has stopped 22 businessmen from grabbing Busia Airstrip.

Justice Ann Omollo while making her ruling said that the petition by Omtatah has merit and has a chance of success.

The judge further issued conservatory orders restraining the respondents whether by themselves , their servants or agents from occupying, causing any damage, cultivating, developing, converting to using, transferring or alienating Busia Airstrip land including land registering as private property under the deeds or subdivisions pending hearing and determination if the suit.

Omollo gave these orders after Activist Omtatah went to court seeking to stop the illegal and unconstitutional grabbing of the said land by the businessmen.

The activist argued that the constitutional rights of Kenyans have been gravely compromised and violated through the illegal grabbing.

Omtatah asked the court to dispose of the question of the rightful owner of the airstrip land than wait to do so in a municipality of suits saying it will be vital to the court in pursuit of justice since it presents a more comprehensive history.

A part of his petition read, “That it is overriding and overwhelming interests of justice, that it’s disposed to determine whether or not Busia Airstrip land is a public property.”

The County Government of Busia which is a party in the case argued that the respondents have fraudulently and illegally obtained turtles to the land thereby putting selfish private interests that cannot override public interests.

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Crime & Investigations

Prison Warders On Spot For Allegedly Gang-Raping Woman Who Was Visiting Her Husband

by Yahil Felix
written by Yahil Felix

A prison warder based in Thika GK Prison in Kiambu County is currently in police custody after allegations that he conspired with his colleague to rape a 21 year-old woman.

The woman claims that she was sexually abused on October 4, when she had gone to visit her husband who works at the facility.

The alleged victim said she lives in Kisii where her husband previously worked and her husband had sent her fare by M-pesa to go visit him in Thika.

She said she and her one-and-a-half year-old son arrived in Thika at 8 pm on Monday.

She met two prison warders at Thika GK Prison’s main gate and she informed them that she came to visit her husband who was unreachable on the phone at that time.

She therefore asked the two officers to assist her in tracing him. She sat at the visitors’ waiting bay for two hours and at 10 pm, the two warders returned and told her their attempts to trace her husband were futile.

Because it was raining, one of the officers took her and the child to shelter in his house in the police quarters.

“It was a small mabati house,” said the woman. She was told to shelter there and she would be assisted in the morning of October 5 in tracing her husband.

She then said a few minutes to 11 pm, the two warders returned and locked the door inside using a chair.

She said one of the grabbed and pinned her on the floor, he then brandished a firearm and warned to kill her if she dared scream.

According to the alleged victim, the two took turns in raping her. They then left after committing the crime. The woman said she spent the whole night crying in the room.

In the morning she met a female prison warder and she confided in her. ‘She took me to her senior supervisors where I reported the ordeal, I, thereafter, went to a hospital in Sega town,” said the woman.

According to her, she was referred to Thika Level 5 Hospital for examination. Later that day, she went to Thika Police Station and filed a rape report.

Sources say that her O.B number 88/12/10/2021 was issued on Tuesday October 12 after several cover-up complaints by the woman.

Her medical report confirmed that she was indeed raped. On Tuesday October 5, Thika West Sub-County Police Commander Daniel Kinyua confirmed that one of the prison warders suspected of sexually assaulting the woman was arrested.

The police boss said they are investigating the rap allegation against the two warders and the woman. He added that they won’t cover it up if they find the two culpable.

Up to date, the husband of the alleged rape woman is still out of reach.

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Crime & Investigations

Kenyan Athlete Found Dead In Her House With Stab Wounds In The Stomach

by Yahil Felix
written by Yahil Felix

Kenya’s 5,000m women’s representative to Tokyo Olympics Agnes Tirop has been found dead.

Tirop was found dead in her house on Wednesday, October 13, in Iten, Elgeyo Marakwet County.

According to Barnaba Korir, the chairperson of Athletics Kenya, the athlete had stab wounds in her stomach. It is suspected her ex-lover is behind the killing.

During Tokyo Olympic games, the 25 year-old emerged fourth in the 5,000m women’s finals afetr clocking 14:39.62.

Tirop was the 2019 World 5,000m bronze medalist. She also won the senior Cross Country Championships honours.

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Crime & Investigations

Suspected Child Serial Killer Masten Wanjala Escapes From Police Station

by Yahil Felix
written by Yahil Felix

Suspected child serial killer Masten Wanjala has escaped from Jogoo Road Police Station.

It is not clear how he managed to escape from the highly guarded police station. This emerged after he failed to appear in court where he was expected to appear in connection with the murder of 12 children.

A source from the police has said the 25 year-old has escaped from the station and a manhunt has been launched to re-arrest him.

“Everyone was shocked when it turned out that Wanjala was nowhere to be seen and immediately officers were dispatched to check around on his whereabouts,” said the source.

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Crime & Investigations

More Trouble For Obado As DPP Sets To Table 500 New Evidence In His Graft Case

by Yahil Felix
written by Yahil Felix

Embattled Migori Governor Okoth Obado, his four children and eleven other people might face another rough time as the Director of Public Prosecution (DPP) is set to table new evidence in the Sh 73.4 million corruption case.

When the case came up for hearing on Tuesday before trial magistrate Lawrence Mugambi, the DPP through Senior State Counsel Eva Kanyuira told the court that this office has new evidence in the case against Obado and his co-accused parties.

The senior counsel told the magistrate that in the course of the pre-trial proceedings with the investigating officer, they discovered 500 new pieces of information which will be vital in the case.

She stated that the state would like to amend the charges against all the accused persons following the fresh evidence that has emerged.

Kanyuira asked the court to allow the prosecution to amend and substitute the charge sheet “in the interest of justice.”

“It will not cause any prejudice or injustice to the accused persons as they shall be accorded sufficient opportunity and time to test and challenge the prosecution case as presented,” the DPP said.

The State also sought more time to have the defense team go through the new evidence before the trial started.

The magistrate hesitantly allowed the defense lawyers and accused persons a day to go through the new evidence until Thursday morning when the case is expected to begin.

Among the new evidence introduced in the case are documents recovered from Obado’s home in Uriri in Migori, Migori county government, evaluation committee report for meeting NoECR/263/2015-2016 dated June 8 to 14 of 2014, offer for sale agreement for Loresho Ridge townhouse dated August 12, 2014 and bank account statements from KCB, Co-operative banks, Central Bank of Kenya and Bank of Scotland.

Other documents include payment vouchers for several companies including M/S Deltrack ICT Services, Dolphus Softwares, Peuslus Supplies, Kajulu Business Solutions Associates, Atinus Services and Victorious Investments.

The defense led by George Kithi had declined the request by the State to have the case proceed without them being given an opportunity to go through the new evidence.

Only Obado was present during Tuesday hearing while the rest of the co-accused attended virtually.

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Entertainment

‘Am Sleeping In Corridors With My Wife” Popular Artist Cries For Help

by Yahil Felix
written by Yahil Felix

Popular artist and producer Nixon Wesonga popularly known as Visita has come out to cry for help after claiming he has gone broke over the past few months.

While speaking in an interview on YouTube on Tuesday, the artist said his rent arrears have accumulated for five months forcing him to sleep in the apartment’s corridors for a week.

Visita later reached out to his DJ friend who has been temporarily hosting him in his studio which he shares with his wife Ann Lenana.

“I have been looking for ways to lay out my challenges in vain. If there is someone out there who feels I should get out of this situation, I’ll appreciate,” stated the ‘Fukuza Mapepo’ hit maker.

He further thanked his girlfriend for being with him throughout despite his financial difficulties.

“I am not embarrassed, such is life. God has a better plan and the fact that she is still with me, I know God has a hug plan, said Visita.

Visita first opened up in May this year, saying that he ran into a financial quagmire after the government closed entertainment spots to curb the spread of COVID-19.

“Many celebrities go through tough times but tend to remain silent for fear of what the public might say. I am not doing well financially,” he told a local daily.

Visita said he owes several months’ rent and could be locked out of his Roysambu house at any moment.

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Crime & Investigations

How Court Set Free Defilement Suspect Despite DNA Evidence That He Impregnated Minor

by Yahil Felix
written by Yahil Felix

A court has acquitted a man who was accused of defiling a minor leading to a pregnancy that lasted 11 months. The alleged act occurred three years ago at Emakhwale Village in Mumias East Sub-County in Kakamega.

DNA tests done on the accused Rashid Akhulunya Wasabo and the child of his alleged victim revealed that there was 99.99 percent chance that he sired the minor.

Court records indicated that Wasabo’s alleged victim, 17, was defiled on November 17, 2018 and she gave birth on October 1, 2019, eleven months later.

Mumias Chief Magistrate Teresia Odera said according to science, a pregnancy last 9 months.

“Although the DNA report implicates the accused-indicating he is the biological father of the minor’s child, it is trite law that expert reports are opinions which the courts must evaluate, and evidence supporting them produced,” said Odera.

She said the report that the minor was defiled on November 25, 2018 and she gave birth eleven months later does not add up, given a human being’s gestation period lasts nine months.

The magistrate however said the Prosecution satisfactorily proved that the alleged victim was a minor when the accused, who was in mid-thirties, allegedly defiled her.

“On identification of the accused, the minor said Wasabo had sexual intercourse with her. She consequently, conceived and gave birth to a child two months past the gestation period, which the defense took issue with..and the court also takes judicial notice of,” said the magistrate.

Wasibo had argued that the dates on which the girl conceived and when she gave birth were conflicting. According to him, a human being’s pregnancy lasts 280 days, while that of the alleged victim lasted 310 days.

He further argued that the alleged victim was born on July 30, 2001, and had already turned 18 years old by July 2019.

He further added through his lawyer that besides the baby born out of the alleged sexual offense being a girl, it was not a boy as indicated by the Prosecution and the investigating officer.

While testifying, government chemist Dalmas Kibet Kipsang said DNA test results indicated that the alleged victim and Wasabo were the minor’s biological parents.

The victim’s mother also testified in court, said she discovered her daughter was pregnant seven months after the said defilement.

The mother said she took her to St. Mary’s Hospital in Mumias where a pregnancy test was conducted and it turned out positive. She then reported the matter to police and Nyumba Kumi Initiative officials.

It is reported that Corporal Maurice Otieno was investigating the alleged defilement but he died before concluding the matter. Police Constable Line Mbalaka took over the investigation.

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Crime & Investigations

How Strange Facebook Posts Led Police To Doorstep of Teen’s Suspected Killer In Mumias

by Yahil Felix
written by Yahil Felix

A 17 year-old student, Cynthia Makokha did not know she wouldn’t make to spend her highly anticipated holiday with her family. She traveled from Nairobi to Mumias for the holiday but she met her untimely death when she was abducted, killed and her body thrown into a river.

The high school student went missing on October 4 which made her family in Kakamega to worry about her whereabouts.

The worry turned into agony days later when the girl’s body was found dumped in River Lusumu, few kilometers away from Mumias town.

The form four candidate was headed to her home in Shianda when she was abducted under unclear circumstances.

Cynthia lived with her aunt in Nairobi and she left the aunt’s house on October 4. She promised she would be back after four days to prepare for re-opening of schools on October 11.

She boarded Eldoret Express bus at 6 am and headed to Western where she was to alight at Shianda town, in Mumias East sub-county.

Her mother said that she talked with her daughter the previous day and she seemed eager to arrive home. She said she advised her daughter to carry her books so that she would continue with her studies at home.

As Cynthia was on the bus, she updated her mother and uncles in Mumias and her aunt in Nairobi on her journey.

However, after reaching Kapsabet in the afternoon, all communication stopped. The family said the girl was no longer picking calls. They assumed that she might have fallen asleep.

Around 8 pm after several attempts to reach her, she finally picked their calls and informed her worried family that she was in Butere, about 13 kilometers way from Mumias town.

Her uncle, Victor Wanga, worried about her, he rushed to Butere and he could not find her, she was no longer picking calls.

The uncle said while searching for her, her aunt in Nairobi got a message sent from her phone that she was safe.”I returned home around 11 pm hoping that she would join us the following morning,” said the uncle.

On October 5, hours after her disappearance, friends noticed that Cynthia’s Facebook page was updated with a photo of an unknown man.

Her family quickly reported her disappearance and the strange man’s photo to police in Mumias.

They discovered that the man was called Johnny and hailed from Maraba, a village in Mumias East.

Relatives and the police began a search for Johnny and when they arrived in his house, they found Cynthia’s bag and phone.

However, as the family were eager to hear from the man about Cynthia’s whereabouts, he kept silent and offered no information.

“The man denied knowing my daughter even after he was arrested. This left us confused because he had her phone and bag containing her clothes and books,” said the mother.

Six days later, while the police made frantic efforts to find Cynthia, her body was discovered floating in River Lusumu 200 meters from the home of the suspect.

Her heartbroken mother said the death of her daughter who is the first born out of five children shattered the family’s hope of a brighter future. The family is now crying for justice for Cynthia.

Mumias West sub-county police commander, Mr. Stephen Muoni confirmed that a suspect was in their custody and he will help in providing more information in the probe of Cynthia’s death.

Her body was moved to Kakamega County Referral Hospital mortuary awaiting postmortem.

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Politics

Petroleum CS John Munyes Fined Sh 500,000 By Parliament

by Yahil Felix
written by Yahil Felix

Amidst the controversy over the rising cost of fuel in Kenya, petroleum CS John Munyes got himself on the wrong side after being fined by the National Assembly Committee on Finance Ksh 500,000 for failing to appear before the committee to answer questions over the rise in fuel prices.

Munyes wrote to the committee that he is in South Sudan on an official duty.

While addressing the matter, the committee’s chairperson Gladys Wanga said their report will show that John Munyes has been uncooperative.

A week ago on Tuesday, the Finance and National Planning Committee which is leading the investigation into the fuel prices in the country was given an additional of seven days to dig into fuel costings criteria.

The committee has been investigating the costing of fuel in the last two weeks and has held face to face meetings with 10 shareholders including the Energy and Petroleum Regulatory Authority (EPRA), the Kenya Revenue Authority (KRA), Treasury and the Ministry of Petroleum as well as receiving written submissions.

The probe by the committee originated from a petition which sought to vacate value added tax (VAT) from the costing of fuel products as a means to bring relief to Kenyans.

Fuel costs hit the headlines once more on September 14 as EPRA effected an unprecedented hike to fuel costs sending costs pasts Ksh. 135 per liter across the country.

Petroleum CS John Munyes earlier ruled out any fuel price reduction, blaming the National Treasury for failing to release Ksh. 24 billion meant for price stabilization.

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Crime & Investigations

Another Trouble For Meru Senator Mithika Linturi As Fight With Wife Takes A New Twist

by Yahil Felix
written by Yahil Felix

A vicious property battle between Meru Senator Mithika Linturi and his stepson Arnold Kipkirui takes a new twist to be a all-out family wrangle following the inclusion of the senator’s estranged wife Mary Kitany.

On Monday, the High Court approved the senator’s request to have Ms. Kitany enjoined in the case where her son accuses the legislator of fraud.

The court said that Mr. Linturi’s application was right because Ms Kitany was the CEO of a company, Atticon Limited, which he allegedly used to borrow sh 7 million from Family Bank.

Ms Kitany’s son, Mr Kipkirui, claims that in 2015, the legislator used a title deed for their land in Meru and assets as security for the loan. The property hosts the senator’s office.

Justice Alfred Mabeya said, “I have perused the record, I have not seen her name offered as a witness for any of the parties. It is alleged that she has evidence that can help the court completely adjudicate the case.”

The dispute pits Mr. Kipkirui agianst Mr. Linturi, Atticon Ltd, Brenda Mithika, Emily Nkirote Buantai, Family Bank, the land registrar in Meru, Linkit Limited and the registrar of companies. Other plaintiff include Barons Estate Limied and Noniko Holdings Limited.

The feud originated from the ugly divorce proceedings between Mr. Linturi and Ms. Kitany. Mr. Linturi, Ms. Buantai, Ms. Mithika and Linkit Limited told the court that Ms. Kitany is a crucial party in the case.

As the CEO, she reportedly discovered several unauthorized withdrawals of collosal amounts of money from Atticon’s bank accounts.

The court was told that she reported this to DCI for investigation and recorded a statement to that effect.

This report to the DCI hatched criminal proceedings being contemplated against the senator over alleged fraud and forgery of documents in relation to the loan, securities and changes in the ownership of Atticon Ltd.

Further, the court was told that Ms Kitany was actively involved in one of the companies when the irregularities happened. Also, the same were either sanctioned, overseen or authorized by her.

Ms Kitany and hr son opposed the application, saying she has no personal stake, legal interest or duty in the case s to necessitate her joinder. She declared that she has never been a shareholder nor a director of Atticon Ltd.

But Justice Mabeya said there was prove that Ms Litany was the CEO of the company since she had stated so in another case file at a magistrate’s court. That at her position as the CEO, she found out unauthorized withdrawals f huge amounts of money from the company’s bank accounts which prompted her to report it to DCI for probe.

“Although Ms Kitanyy denied these allegations, a fact stated on oath cannot be denied. When denied, it reflects negatively on a party. It may be that she may may have evidence that can assist the court unravel the dispute,” said the judge.

With her absence in the case, Justice Mabeya said the court may miss an opportunity of having a necessary person with crucial information to assist in determination of the matter.

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Others

Uproar As Former MP Turns Residential Building Into A Bar

by Yahil Felix
written by Yahil Felix

A former MP is on the spot as residents of Membley Estate in Kiambu have protested after he established a bar in their neighborhood.

The attempts of the residents to call on relevant authorities to intervene has bore no fruits as the former MP of Ol Joro Orok constituency John Muriithi Waiganjo has continued to operate his bar and restaurant against the residence’s bylaws. The MP has however denied the allegations.

The residents have complained of loud music, strangers thronging the area and hundreds of vehicles being parked outside.

The residential area called Plant House is on the Eastern Bypass in Membley Estate. Residents have said with his family of six children and his wife, he occupies the house at the same time selling alcohol.

Last year, residents of Membley Daykio wrote to the Ruiru sub-county administrator, Deputy County Commissioner, Ruiru sub-county and the Kiambu County CEC for Lands, Housing and physical planning to complain about the changes.

However,a week ago, the politician told his neighbors off after social and mainstream media highlighted their plight.

He posted a letter on Whatsapp groups claiming that the Kiambu County planning, technical committee held on May 3 approved change of user.

However, residents claimed the letter is fake and he got it with the assistance of his brother who is an MCA for Kahawa West.

Despite their complains in 2020, the former MP sought for change of user on February 10. The letter said he was seeking regularization of change of use from residential to commercial.

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Business

Electrician Sues Flower Firm In Naivasha, Demands Sh 9m

by Yahil Felix
written by Yahil Felix

An electrician involved in a legal battle with a flower firm in Naivasha wants it ordered to pay him Ksh 9 million for unfair dismissal.

David Njite filed a suit at the Employment and Labor Relations Court in Nakuru and claims that he was employed by Rainforest Farmlands on permanent and pensionable basis in September 2014.

However, he claims he was sacked on April when he returned to work after two weeks of isolation after contracting Covid-19.

The company in defense said that in a disciplinary meeting held on April 6, 2021, and attended by Human Resource Manager, General Manager, Regional Technical Representative and Njite; it said that it had satisfactorily proven issues of laxity and negligence agaisnt him.

Reports say that the electrician was accused of failing to maintain an electric fence to the required standards, failing to reconcile electrical items sent for repairs, delaying to recover items from repair suppliers among others.

A letter signed by General Manager Camilo Serrano showed that Njite was ordered to vacate the staff quarters within 14 days. Njite, however, claims that the reasons for termination of his employment were outside his job description

“In April 2021, the claimant fell sick, and upon tests, it was confirmed that he had contracted Covid-19. That meant he would isolate from work. Upon getting back to work, he was issued with a termination letter,” read a part of the petition .

Njite accuses the Regional Technical Representative of convincing the General Manager to terminate his employment and that the reason for termination was baseless.

Njite said that a plot to terminate his employment started when he was issued a memo on March 14. It directed him to return all company tools to their store, and he complied.

He added that as he was returning the tools, the Regional Representative, without notice, searched his office and collected some machines, terming them tools not returned.

The firm denied allegations raised against it and claimed the termination of Njite’s employment was fair and based on valid grounds. ” The claimant’s (Njite) sit as pleaded is misconceived and should be dismissed with cost to the respondent (flower company).” read the response.

The company claims Njite, during his employment, was given a laptop and its bag, which he did not return upon dismissal.

It further claims that Njite is liable to it for damages of Sh 100,572 for the laptop, the bag, a wireless mouse, and foregone rent of Sh 60,000 for the period he had been in illegal occupation of cottage since April. The case will be mentioned on October 19.

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