NAIROBI, Kenya, Dec 11 – The Employment and Labour Relations Court has dismissed a long-running suit by Jackson Kiptorich Limo against Lipton Teas and Infusions, ruling that his summary dismissal over sexual harassment claims was fair and lawful.
Limo, a chemical engineer who had worked with the company for 27 years, had challenged his May 2023 termination, claiming it was “unconstitutional, unfair, and unlawful” and sought reinstatement, Sh30 million in damages, gratuity for 28 years of service, and Sh22.9 million in lost future earnings.
In a judgment delivered virtually on 9 December, Justice Anna Ngibuini Mwaure found that the disciplinary process followed by the company was procedurally sound.
“The Claimant was formally served with a Notice to Show Cause letter on 2nd May 2023 and responded promptly on 3rd May 2023. He was thereafter summoned to a disciplinary hearing convened on 5th May 2023, where the committee, after considering the evidence and his responses, found him culpable of sexual harassment,” the court noted.
Limo had argued that the proceedings were rushed and influenced by a BBC exposé on sexual harassment in tea companies, which aired in February 2023, suggesting he was made a scapegoat to protect the company’s overseas market reputation.
“The disciplinary process was orchestrated to serve the Respondent’s commercial interests following the BBC exposé,” Limo’s submissions stated.
Lipton Teas, however, maintained that the dismissal was justified following credible internal investigations that found Limo had engaged in inappropriate relationships with junior employees, made unwelcome sexual advances, and violated the company’s sexual harassment policies.
The court concluded that Limo failed to prove his dismissal was unfair.
