KPMG has been directed by the High Court to pay its ex-boss Sh379.03 million for unlawful sacking.
Richard Boro Ndung’u, was unceremoniously retired, had moved to court to challenge his ouster.
“I find and hold that the claimant has suffered loss and damage as a result of the conduct of the respondents towards him since the commencement of investigations against him from October 3, 2016 culminating in his purported compulsory retirement on January 13,2017 and the announcement,” the judge said.
Despite the win, the business daily reports Mr. Boro’s award was a reduction from the Sh504.8 million.
Justice Tuiyott knocked out Sh35.5 million on account of profit initially awarded to Mr Ndung’u by the arbitrator.
The judge also reduced special damages by Sh661,430 and aggravated damages of Sh2.7 million.
He noted that although Mr Ndung’u had not issued a formal notice of his intention to retire on August 31, 2019, he had given that indication in at least two association meetings.
Mr Ndung’u’s word, the judge noted, was that he would no longer be a partner after August 2019 hence compensating him for the period after would be to confer a profit on him.
“To therefore award him damages for a period beyond that would be to put him in a better position than he would have been had he retired on August 31, 2019 as he had unequivocally stated,” said the judge, who reduced more damages by Sh86.8 million.
The tussle between KPMG and its ex-employee began on October 3, 2016 when Mr Ndung’u was summoned to the office of then CEO Josphat Mwaura at ABC Place, Westlands.
An allegation had been made against him by an anonymous person that he was having an inappropriate relationship with his personal assistant, according to court documents.
