A former nanny has taken her case to the Court of Appeal after the Employment and Labour Relations Court dismissed her lawsuit alleging sexual harassment, violation of dignity, and invasion of privacy by her former employers. The woman, identified as JK, had sued the directors of a well-known travel company for over KSh 28 million, claiming her rights were violated during her employment.
The case gained public attention after the release of CCTV footage depicting an altercation between JK and her employer. The footage sparked widespread online speculation about the employer’s personal life, with JK asserting that she was unfairly labeled and subjected to social media attacks.
In the lawsuit, JK sought KSh 7 million for alleged sexual harassment, an additional KSh 7 million for breach of confidentiality due to the release of the footage, and KSh 14 million for violation of her privacy and dignity.
However, the court ruled that JK’s lawsuit was inadmissible, stating that her employment contract had already been terminated following an out-of-court settlement. The judge indicated that, as a result, there was no existing employer-employee relationship, and the Employment and Labour Relations Court lacked jurisdiction over the matter. JK, however, argued that she was coerced into the settlement by authorities whom she believes were influenced by her former employers.
Additionally, the court determined that since JK was employed by a registered company rather than the individuals personally, her claims should have been filed in a Magistrate’s Court rather than the Employment and Labour Relations Court. Despite this, the judge acknowledged that the Employment and Labour Relations Court holds original and unlimited jurisdiction over all labor disputes, including those typically under a magistrate’s jurisdiction.
JK’s legal representative criticized the ruling, arguing that the judge should have transferred the case instead of dismissing it outright. According to the lawyer, the Employment and Labour Relations Court, as an extension of the High Court, possesses jurisdiction over all employment disputes. He expressed dissatisfaction with the decision and confirmed that a notice of appeal had been filed at the Court of Appeal.
