Chandarana Foodplus staff at the centre of a viral email alleged to be racial failed to appear before the cohesion commission set up to investigate the matter.
The National Cohesion and Integrated Commission (NCIC) had summoned Ms Rima Patel to explain herself on the context and contents of the e-mail.
However, by 1pm yesterday, she had not appeared before the commission. She was scheduled to be there by 10am.
NCIC now says it will institute legal action to compel her to appear for questioning.
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“We had confirmation, the latest being yesterday through email from two of her colleagues. We really wanted to hear her story before taking any action against her,” said Francis ole Kaparo, NCIC chairperson.
He said it is ancient to discriminate people on basis of their race or even tribe and that no Kenyan should experience that.
“It is obnoxious for any person in business or any other sector to utter words that can be construed to be racist,” he said.
There was outrage from Kenyans when the leaked e-mail went viral on various social media platforms, who called for a stern action against her.
In her mail which she sent as Chandarana Food Plus marketing specialist, Ms Patel insinuated that the supermarket was targeting “white” customers.
In their defence, the supermarket chain claimed the email was misinterpreted as the author lacked a good command in English.
The Chandarana saga is the latest case of Kenyans of colour being subjected to discrimination. Just a few weeks ago the Standard Gauge Railway Chinese managers came under fire for mistreating Kenyan workers, through an expose by Sunday Standard.