Driver Fired Over ‘Love Affair’ Wins Sh790,000 in Landmark Ruling Against World Vision Kenya

By The BalanceHub Editorial Team 

A dismissal that began as an internal disciplinary matter has ended in a significant court victory for a former employee of World Vision Kenya.

In a ruling that has sparked conversations about workplace boundaries, employee rights, and organisational policies, the Employment and Labour Relations Court in Machakos ordered World Vision Kenya to compensate its former driver, Dominic Mutuku Mulavu, with Sh790,398 for unfair termination.

The Dismissal

Dominic Mutuku Mulavu had worked as a driver for World Vision Kenya since 2012. In May 2024, his employment came to an abrupt end after the organisation accused him of engaging in a romantic relationship with a woman it described as a beneficiary of its programmes in Kitui County.

World Vision Kenya reportedly cited safeguarding concerns, arguing that such relationships could amount to a conflict of interest or breach of organisational policy meant to protect vulnerable communities.

However, Mulavu challenged the dismissal, maintaining that the relationship was consensual and that the woman in question was not a beneficiary of the organisation’s programmes. He argued that the termination was unjustified and lacked sufficient legal grounding.

The Court’s Findings

The case was heard before Lady Justice Stella Rutto at the Employment and Labour Relations Court in Machakos.

In her ruling, Justice Rutto found that the employer had failed to prove that the relationship violated its safeguarding policies in a manner that justified dismissal. Importantly, the court also determined that the organisation did not sufficiently demonstrate that the woman involved was indeed a programme beneficiary.

Under Kenya’s Employment Act, employers are required to provide valid and fair reasons for termination and must follow due process. The court concluded that the dismissal did not meet these legal standards.

As a result, the judge awarded Mulavu compensation amounting to Sh790,398, covering damages and other entitlements, with interest accruing from the date of judgment until full payment.

Why This Case Matters

This ruling goes beyond one employee and one organisation. It highlights several broader issues:

• The importance of clearly defined workplace policies

• The need for employers to prove allegations before dismissal

• The requirement for procedural fairness in disciplinary matters

• The balance between safeguarding policies and employee rights

For organisations, especially those operating in humanitarian and development sectors, safeguarding frameworks are critical. However, courts may require clear evidence that policies were breached and that disciplinary measures are proportionate.

For employees, the case reinforces the principle that personal relationships, while sensitive in certain professional contexts, must be evaluated within the framework of the law and established policy.

A Broader Conversation on Workplace Boundaries

Workplace relationships remain a complex issue globally. Many organisations impose restrictions where there is a risk of exploitation, conflict of interest, or power imbalance — particularly in NGOs working with vulnerable communities.

Yet this case demonstrates that enforcement of such policies must align with labour law requirements. Employers must show both substantive justification and procedural fairness.

Conclusion

The Sh790,000 award signals the judiciary’s continued role in safeguarding employee rights while also reminding organisations to ensure that their disciplinary processes are legally sound and evidence-based.

As workplace policies evolve, this case may serve as a reference point for future disputes involving personal relationships and employment law.

Follow BalanceHub for in-depth analysis, verified regional news, and balanced perspectives on labour and governance issues.