Linet Chepkorir, popularly known as Linet Toto, has been directed by the Employment and Labour Relations Court to pay her former deputy county manager, Kipkirui Dominic Mutai, a total of Sh990,110 together with 14 per cent annual interest after the court found that his dismissal was unlawful.
In the ruling, the court strongly faulted the conduct of the respondents, stating that Mutai’s termination breached provisions of the Employment Act and failed to follow due process.
Court records show that Mutai was hired on a five-year contract beginning October 3, 2022, at a monthly gross salary of Sh165,000 while working in the Bomet Woman Representative’s office.
Problems allegedly began in March 2023 after Mutai started receiving threats connected to his employment. He claimed that some of the threats came from individuals linked to Toto’s household, including her spouse. The dispute reportedly escalated on April 20, 2023, when an individual said to have been sent by the Woman Representative allegedly collected his office keys and denied him access to the parliamentary office without issuing any notice, disciplinary summons or termination letter.
Mutai informed the court that he continued reporting to work despite the situation, although his salary had stopped and he was eventually completely locked out of the office. He also stated that he reported the alleged threats to the police and wrote several letters seeking clarification about his employment status and possible redeployment, but never received any feedback.
While delivering judgment, the court held that the termination did not satisfy the legal requirements set out under Kenyan labour laws.
“The claimant’s employment was terminated without valid reason, without notice and without being accorded a fair hearing,” the judge ruled.
The court further noted that employment decisions within the Woman Representative’s office could not legally be handled by private individuals.
“The power to hire and fire employees cannot be exercised by private persons who hold no lawful authority within the office,” the court observed.
The judge also criticised Toto and her office for failing to actively participate in the case. According to the ruling, the respondents failed to file a defence, witness statements or submissions despite being given sufficient opportunity by the court.
The court termed the conduct as showing a “lack of seriousness” and noted that attempts to resolve the matter through mediation were ignored.
Although Mutai had sought reinstatement to his position, the court declined the request, saying the working relationship between the parties had already broken down beyond repair.
Instead, the court awarded him one month’s salary in lieu of notice, compensation equivalent to three months’ salary for unfair dismissal, and unpaid salary arrears for March and April 2023. The total amount awarded came to Sh990,110, excluding the annual interest of 14 per cent until payment is made in full.
Mutai had initially sought more than Sh2.8 million together with additional claims.
The ruling once again places Toto’s office under scrutiny following previous controversies involving staffing and management disputes.
