Mbugua v Echo Network Africa (Employment and Labour Relations Petition E064 of 2022) [2024] KEELRC 343 (KLR) (23 February 2024) (Judgment)

Summary at a glance

Facts

The Petitioner, Margaret Wairimu Mbugua, was employed by the Respondent, Echo Network Africa, as a Project Manager. Her employment was terminated on 27th September 2021 for gross misconduct. She sought declarations that her rights under Articles 26, 31, 41, 43, 47, and 50 of the Constitution of Kenya were violated and that her termination was unfair.

Issues

• Admissibility of the Electronic Evidence by the Respondent
• Whether the Respondent violated the Petitioner’s constitutional rights
• Whether the Court should grant the reliefs sought in the Petition

Reasoning

The court found that the Respondent did not demonstrate how the private tele-conversation between the Petitioner and her colleague came to be recorded and ended up in the audio recording that was played in court. The evidence was obtained in breach of the Petitioner's right to privacy.

Outcome

The Petitioner is entitled to a declaration that her rights under Articles 26, 41, 43, 47, and 50 of the Constitution were violated and that her termination was unfair.

Orders

• The Petitioner is entitled to a Certificate of Service pursuant to Section 51(1) of the Employment Act as the employment relationship has not been disputed.
• The Petitioner is entitled to Kshs3,085,715.50 in damages.

Remedies

• Declaration of rights violations
• Damages of Kshs3,085,715.50

Authorities cited