Former Head of Finance wins case against famous Nakuru sports club

Former Rift Valley Sports Club Head of Finance Marisela Kanini has been awarded Sh430,440 by the Employment and Labour Relations Court in Nakuru. [File, Standard]

Former Head of Finance at the famous Rift Valley Sports Club in Nakuru has been awarded Sh430,440 for wrongful and unfair termination from work, after a six-year court battle.

The employment court in Nakuru ruled that Marisela Kanini was unfairly dismissed from work on September 30, 2019.

Judge James Rika varied a ruling by Senior Principal Magistrate Kipkurui Kibelion where Kanini had been awarded Sh231,000, and he improved it to Sh430,440.

He ruled that Kibelion erred by adopting a gross monthly salary of Sh33,000 instead of evidence from Kanini, which revealed that she was earning a gross salary of Sh51,000 per month.

“The claimant’s employment contract dated March 1, 2018, provided for a basic salary of Sh45,000 and a house allowance of Sh5,000. The allowance was enhanced to Sh6,000 on March 11, 2019,” noted Rika.

The judge faulted the magistrate's court for making an error in concluding that her gratuity of 12 percent on annual gross salary was not anchored in Kanini’s contract.

Despite working for six years, Rika noted that the magistrate’s court made a mistake for failing to exercise its discretion in assessment of compensatory award, unwisely.

“The appellant (Kanini) is granted equivalent to six months’ salary in compensation for unfair termination at Sh306,000, one-month salary in place of notice at Sh51,000 and 12 percent annual salary in gratuity at Sh 73,440,” the judge ruled.

Rika, however, ruled that no evidence on record supported Kanini’s claim for bonus because it was not captured in any contract.

Kanini moved to the magistrate’s court seeking orders declaring that her termination was unfair.

She sought compensation, one-month salary in place of notice, gratuity, breach of contract damages, certificate of service and costs.

Kibelion awarded her Sh231,000. Dissatisfied, she appealed before Judge Rika and her compensation was enhanced.

She argued that Kibelion erred in calculating her compensation and notice pay and that the judgement was against the weight of her evidence.

“The trial court erred by disregarding my evidence on gratuity, bonus and compensation,” she deposed.

The sports club did not participate in the case at the magistrate’s court and before Judge Rika, despite issuance of procedural directions.