Director of Kenya Industrial Estates Parmain Narikae has Lost a Sexual Harassment & Illegal Sacking Court Case.
In a court suit filed by one MRM who works as KIE Human Resources Manager (find court case file on link http://kenyalaw.org/caselaw/cases/view/200004/ )
Permain as the second respondent in the case attempted to coerce MRM into granting him sexual favours and also join him in his activities of irregularly forging and/or editing of staff disciplinary minutes, irregular recruitment of staff and corruption. When MRM declined to engage in the heinous acts, Parmain tried to have her sacked without due notice contrary to formal HR disciplinary procedures as stipulated by the law in Articles 41, 47 and 50 of the Constitution of Kenya, 2010.
Part of the court filing seen by veepee.co.ke reads
1)The 2nd Respondent (ie KIE Managing Director pervert Parmain Narikae) commenced the disciplinary action against the Applicant without any formal complaint being filed against the Applicant contrary to the mandatory provisions of the Grievance Handling Procedure as set out at Clause 12.2 of the 1st Respondent’s Human Resource Manual.
2) The 2nd Respondent initiated the instant disciplinary proceedings against the Applicant following her refusal to have a sexual relationship with him to coerce, intimidate and persecute her for declining to grant him sexual favours.
3) The 2nd Respondent initiated the instant disciplinary proceedings against the Applicant with ill intention since she had further declined to join him in his criminal activities of irregularly forging and/or editing of staff disciplinary minutes, irregular recruitment of staff and corruption.
4) The Disciplinary proceedings are intended to unlawfully and irregularly dismiss the Applicant from her employment with the 1st Respondent.
The judiciary interdicted and halted dubious sacking procedures and ordered that MRM continue with her employment. The court ruling seen by veepee.co.ke states as below
This Court is thus able to interfere with the flawed disciplinary process instituted against the Claimant and put it on the right cause.
In the circumstances, I find the application by the Claimant has merit. I allow the application and direct that the Claimant should submit to a fresh, legal disciplinary process if the Respondent so wish. Due process should accordingly be followed. The process already in place and all consequences from the flawed process are declared null and void.
In the interim, the Claimant will continue serving in her employment until due process is effected against her or unless her employment is terminated for any other lawful cause.