Starehe Girls to pay employee 0.8 million for unfair sacking

The court has ordered Starehe Girls Centre to pay its former employee Sh0.8 million for wrongful termination of her job over lost donor funds.

Justice James Rika of the High Court in Nairobi directed Starehe Girls Centre to pay Regina Mitheu Sh811,383 for sacking her after she was falsely accused of stealing the school’s funds.

The judge said the school failed to justify the valid reasons for terminating Mitheu’s contract in 2015.

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“The Respondent (Board of Trustees, Stare Girls Centre) shall pay to the Claimant (Mitheu) the equivalent of nine months’ gross salary in compensation for unfair termination at Sh336,996, gratuity over 9.9 years at Sh370,696, notice at Sh37,444, January 2015 salary at Sh37,444 and 20 days’ salary for February 2015, at Sh28,803,” said Justice Rika.

The court noted that the reasons given in justifying Mitheu’s termination were not tested through an established disciplinary hearing process. 

Justice Rika said to punish Mitheu in 2015, for allegations that were dealt with through a letter of warning in 2013, would amount to double punishment.

The School director Margret Wanjohi terminated Mitheu over alleged misuse of sponsorship funds, in 2013 and 2014 after donors raised concerns about the misuse of their donations and demanded accountability from Wanjohi and the school bursar Matthew Nyangweso.

Wanjohi insisted that Matheu had stolen from the school and asked her to resign.

Mitheu was arrested and charged after Wanjohi and Nyangweso lodged a complaint against her with respect to the sponsorship funds.

Among the allegations levelled against Mitheu was, charging form one students an illegal fee of Sh5.00 for labelling their uniforms using the School’s marker pen.

She was also accused of withholding Sh58,100 meant for University students’ upkeep and fees balance in 2013.

Wanjohi also alleged that Mitheu used a personal Mpesa number to collect funds during a charity walk, and retained the money for her own use.

The Director accused Mitheu of retaining Sh13,000 from the sale of raffle tickets for a golf tournament in 2014 and plucking pages from a serialised cash register used to record and account for collections done from a walk she organised.

However, in her appeal, Mitheu said she was acquitted by the Senior Principal Magistrate’s Court in the criminal case on January 9, 2023.

She said the school caused her to be charged with the offence of stealing by servant after terminating her and as a result, she lost an alternative job as a personal assistant which she had secured at Jimmons Cleaning Services.

Mitheu accused the school of violating her human rights to dignity and freedom under Articles 28 and 29 of the Constitution, by subjecting her to public arrest and prosecution.

She said she was not given a chance to show cause why she should not be disciplined. Neither was she given a hearing in the presence of a colleague of her choice or a trade union representative, in terms of Section 41 of the Employment Act.

Mitheu said the school ignored an intervention from her trade union KUDHEIHA, who wrote to the school on February 26 2015, seeking consultations.

She said the school also declined a reconciliation invite from the Ministry of Labour.

Mitheu clarified that she retained Sh58,100 meant for student support because one of the Students wished to change her course from law, to nursing and she requested for postponement of the sponsorship.

Mitheu said another student did not leave her phone contact and she retained the sum of Sh58,100 in a labelled envelope, in a safe, at her office and had the concurrence of the bursar.

She further clarified that her phone number was used in fundraising cards with the concurrence of the Director, as the School did not have an Mpesa account and all the money received by her were forwarded to the Bursar.

Mitheu said that the raffle tickets had only fetched Sh13,300 and not Sh24,600 as had been alleged.