The Employment and Labour Relations Court has ordered World Vision Kenya to pay a former driver KES 790,398 after ruling his dismissal for an alleged romantic relationship with a colleague was unfair. The judgment sets a precedent on the limits of employer interference in private lives.

The driver, Dominic Mutuku Mulavu, was summarily dismissed in May 2024 for allegedly breaching the NGO's strict "fraternization policy." The organization claimed his relationship with a female co-worker violated their code of conduct. However, the court found that the employer failed to prove the existence of the affair or demonstrating how it negatively impacted his work performance, terming the dismissal procedurally and substantively unfair.

Privacy vs. Policy

This ruling is a significant victory for employee rights in Kenya, reinforcing that internal company policies cannot override constitutional rights to privacy. The judge noted that World Vision's actions lacked "justice and equity," awarding Mulavu 10 months' salary as compensation. The case echoes similar recent rulings where the judiciary has frowned upon "moral policing" by employers without concrete evidence of conflict of interest.

The Legal Precedent

Legal experts argue this case serves as a warning to HR departments across Nairobi. "You cannot simply fire staff on hearsay about their dating life," noted a labour analyst. The court emphasized that for a dismissal to be valid, the reason must be grounded in performance or gross misconduct that fundamentally breaches the employment contract—not merely office gossip.

• Plaintiff: Dominic Mutuku Mulavu
• Defendant: World Vision Kenya
• Award: KES 790,398 (approx. 10 months' gross salary)
• Key Finding: Unfair termination based on unproven allegations.

"The employer did not act in accordance with justice," the ruling concluded, reminding corporates that their policies must align with the Employment Act of 2007.