Court Awards Ksh790K to Driver Fired Over Workplace Romance
Love at work. Risky? Maybe. Illegal? Not necessarily.
That’s the lesson one NGO employer just learned the hard way after firing a driver for dating a co-worker — only for the court to rule the dismissal unlawful and award him nearly Ksh800,000.
In a decision that’s now sparking conversations about workplace relationships and employee rights, the Employment and Labour Relations Court sided firmly with the dismissed driver.
Judge Declares Dismissal Unlawful
In a judgment delivered by Judge Stella Rutto, the court ruled that the termination of Domini M. lacked substantive justification.
The driver had sued his employer after losing his job in May 2024. His offense? Being in a romantic relationship with one of the NGO’s beneficiaries.
But here’s where things get interesting.
According to court documents, the situation escalated after the woman he had been dating visited his workplace premises. By then, he had reportedly cut off communication following a job transfer. That visit triggered internal questions — and eventually, disciplinary action.
He was summoned by the human resources department after the woman enquired about him.
Soon after, a show-cause letter followed. The accusation? Engaging in a sexual relationship with an adult community member in Mutumo.
“The relationship was consensual”
The driver didn’t deny the relationship. Instead, he defended it.
He told the court the relationship was mutual, lawful, and free of misconduct. No exploitation. No harassment. No complaints.
And the court documents captured his stance clearly:
“The Claimant testified that his relationship with Ms Kailu was consensual, lawful, and a protected form of association between adult persons of opposite sex, and that during the three years of their relationship, no complaint of misconduct was ever raised,”
He also argued that his rights had been violated when he was forced to disclose intimate details of what he described as a private, consensual relationship.
Think about that for a second. Where does workplace policy end — and personal freedom begin?
That’s essentially what the court had to consider.
Court Awards Ksh790,398 in Compensation
After reviewing the evidence, Judge Rutto ruled in favour of the claimant.
The financial breakdown was significant.
As captured in the judgment:
“The laimant is awarded one month’s salary instead of notice, amounting to Ksh87,822, and is awarded compensatory damages of Ksh702, 576, equivalent to eight months of his gross salary. The total award is therefore Ksh790,398,”
On top of that, the court ordered that he be refunded the legal costs incurred while pursuing the case.
That’s not a small amount. And it sends a message.
Woman Testifies in Support of Driver
The woman at the center of the case also took the stand.
Her testimony? Calm. Direct. Clear.
She told the court she had only gone to the office to ask for his contact out of concern. However, she suggested that the person she interacted with appeared to hold a personal grudge against the driver.
More importantly, she confirmed the relationship was consensual and without incident throughout its three-year duration.
No coercion. No abuse. No complaint.
Which makes the employer’s decision look — at least in the court’s eyes — unjustified.
Workplace Relationships and Employee Rights
This ruling may quietly reshape conversations inside HR departments across the country.
Can employers regulate romantic relationships between consenting adults? Yes, to an extent. Especially if policies exist.
But dismissing someone without clear, substantive justification? That’s where problems begin.
And as this case shows, the cost of getting it wrong can be steep.
For Domini M., the ruling wasn’t just about money. It was about reputation, dignity, and rights.
For employers, it’s a reminder: policy enforcement must align with the law — not assumptions, not optics, not personal bias.
Because in the end, courts don’t rule on gossip. They rule on evidence.
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Court Awards Ksh790K to Driver Fired Over Workplace Romance