Court Orders Vipingo Ridge to Pay Ex-Manager KSh4.34 Million for Unfair Dismissal, Home Trespass

Justice Agnes Kitiku Nzei found Vipingo Ridge failed to justify a manager’s dismissal, denied her a fair disciplinary process, and trespassed into her private home. The court awarded Gloria Mutabari KSh4.34 million, including KSh500,000 in damages for trespass.

Vipingo Ridge Limited must pay former manager Gloria Jahenda Chahonyo Mutabari KSh4.34 million after a court found her dismissal unfair and security officers trespassed into her home.

In a judgement delivered in mid-October, 2026, Justice Agnes Kitiku Nzei faulted the resort’s disciplinary process and its handling of allegations against Mutabari.

The Employment and Labour Relations Court found that Vipingo Ridge failed to establish valid grounds for dismissal.

It also found that the company denied her a fair opportunity to defend herself.

The ruling followed a dispute involving alleged poor food service, a disciplinary hearing, and complaints about noise from Mutabari’s residence.

But the case took a more troubling turn when security officers entered her private home.

The court found that the entry amounted to trespass and awarded separate damages.

Missing Evidence

Mutabari joined Vipingo Ridge on December 1, 2018, as Manager of Food and Beverage Outlets.

Her contract provided a gross monthly salary of KSh300,000, including housing and food allowances.

She reported to Food and Beverage Manager Timothy Challen. Her contract also required a separate job description defining her duties.

The resort never produced that document during the proceedings.

Human resources manager Esther Muli also acknowledged that the company lacked a formal performance appraisal tool.

Those omissions weakened the employer’s case.

Without a clear job description or formal appraisals, the court found insufficient evidence that Mutabari had failed to meet established performance standards.

The dispute escalated after management raised complaints about two events in November 2019.

A show-cause letter dated December 3 accused her of failures during a November 23 function.

The allegations included missing items and complaints from guests attending the event. Management also accused her of poor service during a November 25 sundowner.

The resort claimed guests waited too long for food and received poorly prepared meals. Mutabari disputed the allegations and sought fuller particulars before responding.

Flawed Process

Mutabari requested four working days to prepare her response and asked for her office laptop. The court found she was given only 24 hours, without adequate particulars of the allegations.

The laptop had reportedly been taken by the information technology department on November 28.

IT manager Gideon Fondo Ngome confirmed changing her email password and redirecting incoming work emails.

Those messages went to Challen and General Manager Andrew Kuiyaki. The court considered the loss of access relevant to Mutabari’s ability to prepare her defence.

Her disciplinary hearing was initially scheduled for December 17, 2019, and then postponed until December 19.

The proceedings also introduced an allegation concerning noise from her private home.

Security manager Simon Karanja investigated complaints reportedly made during an international golf event.

He acknowledged that the noise had stopped by the time he arrived.

The evidence did not conclusively establish the noise’s source. The court also found no evidence that Mutabari’s home was an extension of her workplace.

The resort’s human resources manager further acknowledged that company policy allowed suspension for 14 days.

Mutabari remained suspended for approximately 42 days during the disciplinary process.

Justice Nzei found the process procedurally unfair. The employer had failed to demonstrate that it acted in accordance with justice and equity.

The judge also found no valid reason for termination. She held that the allegations against Mutabari had not been proved “either on a balance of probabilities or at all.”

 Home Trespass

The dispute extended beyond the workplace to Mutabari’s residential compound. She alleged security officers entered her house and living room without consent in December 2019.

Mutabari told the court the incidents frightened her children and disrupted family life.

She said she eventually moved house and transferred the children to another school.

Vipingo Ridge denied trespass, but Karanja acknowledged visiting the residence to investigate noise complaints.

He testified that the resort’s Golf Director had asked him to investigate.

The court found no evidence that the residence formed part of the workplace or golf course. Justice Nzei concluded that trespass had been proved on a balance of probabilities.

She awarded Mutabari KSh500,000 in damages for trespass into her private residential compound and house.

However, the court rejected her separate KSh10 million claim for punitive or aggravated damages.

The judge found that the claim had not been proved and noted that such damages are not provided for under Section 49(1) of the Employment Act.

KSh4.34 Million

The court awarded Mutabari KSh2.7 million, equivalent to nine months’ gross salary, for unfair termination.

The judge considered that she secured another job in April 2022, about two years after her dismissal.

She said the award might have been higher had Mutabari remained unemployed at trial.

The Employment Act permits compensation of up to 12 months’ gross salary, depending on the circumstances.

The court also awarded KSh450,000 in unpaid salary for November 2019 and January 2020.

It granted KSh150,000 in outstanding food and beverage allowances covering December 2018 to May 2019.

A further KSh300,000 was awarded in lieu of notice. Mutabari also received KSh242,307.69 for 21 outstanding leave days.

Together with the trespass damages, the awards totalled KSh4,342,307.69. The employment-related awards are subject to Pay As You Earn tax, unlike the trespass damages.

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The judgement attracts interest at court rates from October 15, 2026, until payment in full. The court also awarded Mutabari the costs of the suit.

The ruling offers a pointed reminder to employers: allegations must be supported by evidence, and disciplinary hearings must be fair.

It also makes clear that an employment relationship does not erase an employee’s right to privacy at home.

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