The Employment and Labour Relations Court in Milimani has ruled that the removal of an employee from workplace communication platforms, such as WhatsApp groups and email, constitutes unlawful discrimination and constructive dismissal.
In a stark courtroom scene where law and modern messaging collided, Justice D.K. Marete held that Hallmark Marketing Limited’s actions were not mere administrative missteps but a repudiatory breach of contract.
The court concluded that severing an employee from all digital communication while she was on authorised medical leave rendered her relationship with the company “intolerable and unbearable”.
Illness, bed rest and sudden removal
The judgement, delivered on January 28, 2026, arose from a petition filed by Fidelis Wambui, a long-serving customer service officer who fell ill in March 2021 with pregnancy-related complications.
According to the court record, her battle began not in a hospital bed but in a chatroom of 21 WhatsApp groups where colleagues once shared rosters, client updates and the everyday banter of workplace life.
On April 19, 2021, days after notifying her employer of her need for extended bed rest, she was unceremoniously expelled from all those digital channels and locked out of her work email – like a lighthouse suddenly cut off from the sea it once guided.
“Within days, the vibrant sounds of workplace chatter were replaced by digital silence,” the court noted, painting a chilling picture of isolation from essential communication.
Employer’s defence rejected
Hallmark Marketing denied the allegations, attributing Wambui’s unpaid leave to financial restructuring related to the Covid-19 pandemic and loss of key client contracts.
The company argued that its workforce engagements were dependent on client contracts and denied discrimination, citing its majority-female leadership.
But the court was unmoved. It found no evidence of staff-wide communications, retrenchment notices, or redundancy meetings to support the restructuring defence.
It also highlighted the absence of a written employment contract – a statutory requirement – undermining the company’s position.
Crucially, the judge observed that the timeline – Wambui’s request for longer medical leave, the company’s hostile response, and her removal from digital communication – “signifies a reaction to her pregnancy and not a pre-planned restructuring.”
Constitutional breach and compensation
Under Kenyan law, dismissal due to pregnancy is deemed unjustifiable, and employees are entitled to dignity, equality, and fair labour practices as enshrined in the Constitution.
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The court determined that Hallmark’s actions contravened Articles 27, 28, 29, and 41 of the Constitution, as well as sections of the Employment Act.
In its judgement, the court awarded Wambui KSh 4.426 million in compensation for unfair termination and constitutional breaches – including one month’s salary in lieu of notice, unpaid allowances, and KSh 3 million for constitutional rights violations.
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