Kenyan Court Rules Removing Employee from Office WhatsApp Groups Is Illegal, Awards KSh 4.4 Million
A landmark decision by the Employment and Labour Relations Court has sent a clear message to employers: you can’t quietly lock someone out of the workplace by muting them online.
In a ruling that could reshape how companies use internal communication platforms, the court declared that removing an employee from official WhatsApp groups and work emails — especially while on authorised sick leave — may amount to unlawful discrimination and constructive dismissal.
At the centre of the case was Fidelis Wambui and her former employer, Hallmark Marketing Limited. The court ultimately awarded her KSh 4.4 million in damages after finding that the company’s actions violated her constitutional rights and fair labour protections.
Locked Out While on Sick Leave
Wambui had worked as a customer support representative at Hallmark since March 2016. According to court documents, her employment experience had long been informal — she said she never received a house allowance, itemised payslips, or even a formal appointment letter.
Things escalated in March 2021.
Wambui developed pregnancy-related complications and was placed on bed rest following medical advice. She informed the company’s CEO and requested an additional 28 days off. She later told the court that the response she received was hostile.
Just two days after raising her concerns, on April 15, 2021, she received a letter informing her that she had been placed on indefinite unpaid leave due to the COVID-19 pandemic.
But that wasn’t all.
Before her leave even began, Wambui discovered she had been removed from all 21 official WhatsApp groups linked to her work. Her company email access had also been revoked.
For her, it felt abrupt. And isolating.
Court: Employment Made ‘Intolerable and Unbearable’
The Employment and Labour Relations Court found that the company’s decision to cut her off from workplace communication platforms while she was on authorised sick leave amounted to a material breach of contract.
The judgment described the employment relationship as having become “intolerable and unbearable.”
In rejecting Hallmark’s restructuring defence, the court stated:
“This sequence, occurring within days while the petitioner was vulnerable due to pregnancy complications, demonstrates a reaction to her pregnancy,”
The court ruled that denying access to official communication systems during lawful sick leave violated Wambui’s rights to equality, dignity, freedom from cruel treatment, and fair labour practices.
In simple terms? Blocking someone from work systems during protected leave can’t be disguised as administrative housekeeping.
Company Denies Discrimination Claims
Hallmark Marketing Limited denied discriminating against Wambui. The company argued that it supports women and pointed to its female-majority management and workforce as evidence.
It also stated that it operates as an agency, where staff engagement depends on client contracts. According to the company, changes in engagement were linked to the nature of its business model rather than discrimination.
But the court was not persuaded.
It referenced Section 10(7) of the Employment Act, which requires employers to clearly communicate employment terms even where a formal contract does not exist. The absence of documentation, the court found, did not excuse the employer from its obligations.
A Digital Workplace Warning
This ruling does more than settle one dispute. It sets ground rules in a modern workplace where WhatsApp groups, Slack channels, and emails are central to daily operations.
Being removed from digital communication channels isn’t just symbolic. It can effectively sever an employee from their role.
And when that happens during protected leave — especially maternity-related absence — courts may interpret it as constructive dismissal.
For employers, the message is straightforward: technology cannot be used as a silent tool of exclusion.
For employees, the decision reinforces that workplace rights extend into digital spaces.
Work doesn’t stop at the office door anymore. And neither do labour protections.
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Kenyan Court Rules Removing Employee from Office WhatsApp Groups Is Illegal, Awards KSh 4.4 Million