Charles Kuria Maina lost his unfair dismissal claim and KSh5 million defamation suit after a court upheld his firing. He must repay KSh470,000 on a company-financed vehicle, with interest dating back to December 2018.
A former Harley’s Limited senior manager has lost a multimillion-shilling employment dispute after a court upheld his dismissal over workplace misconduct.
The Employment and Labour Relations Court in Nairobi found that Charles Kuria Maina’s admitted WhatsApp threats against colleagues justified summary dismissal.
Justice Monica Mbaru delivered the judgement on October 9, 2026, rejecting his claims of unfair termination and defamation.
Maina earned KSh330,000 monthly before his dismissal after nearly 11 years at the pharmaceutical company.
He sought millions in compensation, alleging that management manufactured complaints to force him out.
Instead, the court upheld his dismissal and ordered him to repay an outstanding vehicle loan.
The ruling also awarded Harley’s Limited the costs of the main claim and its successful counterclaim.
Career Collapse
Maina joined Harley’s Limited on January 28, 2008, as a medical representative earning KSh33,500 monthly.
His career progressed, and he became team leader on September 1, 2013. He oversaw the promotion of Vitabiotics products, eventually earning KSh330,000 monthly.
But in October 2018, complaints emerged about his treatment of colleagues and management of company resources.
The allegations included abusive language, intimidation, questionable mileage claims and irregular handling of promotional samples.
Management also questioned entertainment expenditure and payments allegedly collected from junior employees.
The company maintained that the complaints warranted disciplinary action. Maina countered that management was manufacturing grounds to remove him after he refused pressure to resign.
He also accused the company of deliberately isolating him before disciplinary proceedings began.
His official emails were disabled, and colleagues were reportedly instructed against communicating with him.
Maina argued that these measures undermined his authority and formed part of a campaign to engineer his departure.
WhatsApp Threats
The dispute escalated on November 24, 2018, when Maina created a WhatsApp group titled “Court Case.”
He added colleagues who had allegedly complained about him and threatened legal action over their statements.
Maina maintained that he was seeking justice against what he considered defamatory accusations.
However, employees James Radolo and Maureen Muriithi complained that the messages intimidated them.
Harley’s Limited subsequently issued a second show-cause notice on November 28.
The judge considered Maina’s admission that he created the group particularly significant.
The court found that his messages strengthened the employer’s grounds for disciplinary action.
In a pointed assessment, Justice Mbarũ declared, “This was gross abdication of duty.”
The judge reasoned that management had raised concerns about alleged harassment, yet Maina escalated the conflict.
Instead of resolving complaints, he threatened colleagues who had reported their experiences.
The court emphasised employers’ responsibility to protect workers from harassment.
It also considered the legal framework governing workplace harassment and summary dismissal.
Harley’s Limited held a disciplinary hearing on December 5, 2018, after receiving Maina’s responses to the notices.
He wanted his advocate present, but management insisted on its internal representation arrangements. Maina argued that colleagues feared victimisation and would not accompany him.
He also challenged the disciplinary committee’s composition and complained that he could not question employees whose statements informed the allegations.
Nevertheless, the court found that the employer had reasonable grounds for dismissal.
His admitted WhatsApp conduct provided direct evidence supporting the company’s decision.
Defamation Rejected
Harley’s Limited formally dismissed Maina through a notice dated December 8, 2018, citing gross misconduct.
Six days later, the company published a notice in the Daily Nation announcing his departure. It warned the public that he was no longer authorised to represent the company.
Maina considered the notice malicious and damaging to his professional reputation. He sought an apology and KSh5 million in general damages.
The company argued that the publication protected its commercial interests and clarified his authority.
The court sided with the employer, finding that the publication contained no defamatory material.
“The publication contains no defamatory matter,” the judge ruled.
The court also considered a communication Maina sent clients on December 5, before his dismissal.
He disclosed his departure and predicted difficulties for Harley’s Limited in growing Vitabiotics sales.
The company argued that his statements threatened commercial relationships.
The judge found that Harley’s Limited was entitled to clarify his employment status publicly.
However, the company received no separate damages for alleged economic sabotage.
The judgement noted that its counterclaim had not quantified such losses.
KSh470,000 Debt
The dispute also involved a vehicle purchased through financing arranged by Harley’s Limited.
The vehicle, registration number KCD 929K, was valued at KSh1.79 million.
The company said Maina had repaid KSh1.32 million, leaving KSh470,000 outstanding.
It alleged that he attempted to transfer the vehicle despite its continuing interest.
Maina sought a refund of KSh1.4 million, arguing that the company had repossessed the vehicle.
He also relied on his acquittal in criminal proceedings concerning the alleged transfer.
The court rejected the argument that relinquishing the vehicle extinguished his repayment obligation.
It held that the outstanding loan remained payable after his employment ended.
The judge ordered Maina to repay KSh470,000, with interest running from December 8, 2018, until full payment.
Maina nevertheless retained limited terminal benefits.
The court awarded KSh352,000 for 32 days of accrued leave, alongside payment for days actually worked.
Those payments were subject to deductions for the outstanding loan. His claims for dismissal compensation, notice pay, severance and defamation damages were rejected.
The court also ordered him to pay costs of the main claim and counterclaim.
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