The claimants Kudheiha filed this suit on 28/3/2012 for their member Roselyne Akach against the respondents – Board of Governors, Maseno School for the Deaf. The issue in contention is the unfair termination of Ms Akach. The claimants contention was that the main reason for her termination was her refusal to fall into the sexual advances directed at her by the Headmaster of the respondents' school.
It is concluded that the dismissal was not according to the legal procedures in place and that the School lacks a sexual harassment policy, though this is obligatory under the Employment Act, section 6(2).
The claimant is awarded 12 months salary compensation for unlawful termination, equal to 78,000 KSh., plus other allowances - in total 117,000 KSh.