Bomet Woman Representative Linet Chepkorir, popularly known as Linet Toto, has been ordered to pay nearly Ksh1 million to her former aide after a court found that his dismissal was unfair and unlawful.
The Employment and Labor Relations Court ruled that Kipkirui Dominic Mutai, who worked as deputy county manager in the legislator’s office, was forced out of his position without due process.
The case stems from a dispute that began in 2023, when Mutai accused the MP and her office of terminating his services without notice, without disciplinary proceedings, and without a formal letter of dismissal.
He told the court that he had been locked out of his workplace and denied access to his duties despite holding a valid contract.
Award of Damages
In its judgment, the court held that the termination violated the provisions of the Employment Act, which require employers to give valid reasons and follow a fair procedure before dismissing an employee.
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The court awarded Dominic Mutai a total of Ksh990,110, comprising one month’s salary in lieu of notice, compensation for unfair dismissal, and salary arrears.
Records presented in court showed that Mutai had been employed on October 3, 2022, on a five-year contract, earning a monthly salary of Ksh165,000.
He argued that his troubles began in March 2023 when he allegedly received threats from individuals linked to the office, including the legislator’s husband, over his continued stay in the position.
The court heard that he later reported the matter to Bomet Police Station.
Mutai further testified that in April 2023, an individual acting on behalf of the Woman Representative collected office keys from him, effectively locking him out and preventing him from accessing his workstation.
Despite writing letters seeking clarification and redeployment, he received no response from his employer.
The court noted that the respondents did not provide sufficient evidence to justify the termination and failed to follow the laid-down procedures, including issuing a notice to show cause or conducting a disciplinary hearing.
Linet Toto’s Failure
The court also took issue with the conduct of the respondents during the proceedings, observing that they did not file a defense or submit witness statements despite being granted opportunities to do so.
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As a result, Mutai’s evidence remained largely unchallenged, strengthening his claim of unfair dismissal.
The judgment follows earlier proceedings in the case, including a 2024 ruling in which the court declined to refer the dispute to arbitration and instead directed that it proceed through alternative dispute resolution.
However, those efforts did not resolve the matter, paving the way for the final determination.
The court ultimately found that Mutai had proved that he was unfairly dismissed by Linet Toto’s office and deserved compensation for the loss of his job and income.
“That this matter is purely a matter under employment act as the Applicants/Respondents herein unlawfully and without any justifiable cause terminated the Claimant’s contract of service without any notice as required under the law,” the court stated.
The court pointed out that even while employers have discretion in hiring and firing, such powers must be exercised within the law and in a manner that protects the rights of employees.
Mutai had initially sought more serious damages, including general damages and reinstatement, but the court limited the award to compensation and dues directly related to the unlawful termination.
The outcome places the Bomet Woman Representative’s office on the spot over its handling of staffing decisions, especially amid claims that external actors interfered with employment matters in the office.
Linet Toto did not respond to the claims during the proceedings, according to court records.
