The Employment and Labour Relations Court in Nyeri has dismissed a case filed by former Community Enterprise Officer, Darwin Kanai Gakenia, against his former employer, Lion Landscapes, ruling that his dismissal in August 2023 was both fair and lawful.
Gakenia had sought over Kshs. 1.28 million in compensation, a declaration that his constitutional rights were violated, and general damages for alleged unfair labour practices and breach of privacy. He claimed he was terminated without valid reason, denied a fair hearing, and victimised for raising grievances against senior managers.
Lion Landscapes denied the allegations, asserting that Gakenia was dismissed for misconduct after a fair disciplinary process. The charges against him included:
- Making false and misleading statements in a letter to the CEO.
- Posting work-related content on LinkedIn without the required disclaimer.
- Recording colleagues in the office without their consent, allegedly breaching their privacy.
While the court found no fault in Gakenia crediting himself for securing funding, it agreed with the employer that he had breached company policy by posting on social media without disclaimers and by secretly recording colleagues, violating their privacy rights.
Justice Onesmus Makau ruled that the disciplinary process met the standards set out in the Employment Act. Despite Gakenia’s claims of bias due to personal relationships among panel members, the judge noted the organisation’s small size limited available personnel for hearings.
The court also dismissed Gakenia’s privacy violation claim, holding that it was he, not the employer, who infringed others’ privacy. As a result, all his prayers for compensation and declarations were rejected, and the suit was dismissed with costs to Lion Landscapes.
The judgment was delivered on 30 July 2025 via virtual conferencing.
