NAIROBI, Kenya Feb 17 – The Employment and Labour Relations Court has ruled that dating a co-worker is not a valid ground for dismissal, ordering World Vision Kenya to pay a former employee Kshs 790,398 for unlawful termination.
In a judgment delivered on February 4, 2026, Justice Stella Rutto found that the organisation unfairly dismissed Dominic Mutuku Mulavu, a driver who had served the humanitarian agency for 12 years.
Court documents show that Mulavu was first employed on March 9, 2012, under a fixed-term contract that was renewed continuously until May 16, 2024, when his employment was terminated.
Over the years, he rose through the ranks from job grade 8 to job grade 12, a progression the court heard reflected his dedication and commendable performance.
Mulavu challenged his dismissal in a petition in 2024 at the court’s Machakos station, arguing that his employer had “fished for grounds” to terminate his employment.
He maintained that the decision violated his constitutional rights to privacy, human dignity and freedom of association between consenting adults.
The dispute centred on allegations that he had breached the organisation’s Child and Adult Safeguarding Policy by engaging in a prohibited relationship with a “beneficiary.”
However, evidence presented before the court showed that his partner, Mercy Kailu, was an independent businesswoman and not a beneficiary of the organisation’s programmes.
The relationship, which had lasted three years, was described as consensual and headed towards marriage.
While the court found that the disciplinary process met procedural standards, Justice Rutto held that the employer lacked substantive justification for the dismissal. The judge noted that the organisation had misapplied its safeguarding policy to a private and lawful relationship.
“Applying the reasonable responses test, no reasonable employer would terminate employment in such circumstances,” Justice Rutto ruled .
In the final orders, the court declared the termination unlawful for lack of substantive justification. Mulavu was awarded one month’s salary in lieu of notice amounting to Kshs 87,822, and eight months’ gross salary as compensatory damages totalling Kshs 702,576.
The total award came to Kshs 790,398, with interest at court rates from the date of judgment until payment in full. He was also awarded the costs of the suit.
