Lawyer wins harassment case over ‘Lollipop’ nickname

A city-based lawyer has successfully overturned her dismissal, which was based on sexual harassment allegations linked to her use of nicknames like "baby boy," "lollipop," and "baby boy lollipop" when referring to a former colleague.

The Nairobi Employment and Labour Relations Court ruled that the sexual harassment accusations leading to her termination were baseless, malicious, and never actually occurred.

Furthermore, the court noted that if any such conduct did take place, the alleged victim, Samfelix Randa, appeared to accept it, given that he did not report the matter for over a year and five months.

Valarie Angawa, a High Court advocate, filed a petition at the Nairobi Employment and Labour Relations Court in December 2022, contesting her dismissal by her former employer, Kituo Cha Sheria – Legal Advice Centre. She was represented by the law firm Seko Minayo and Company Advocates.

At the time of her dismissal in November 2022, Angawa held the position of Coordinator for the Advocacy, Governance, and Community Partnership (AGCP) Programme at Kituo Cha Sheria.

Her termination was based on allegations that she sexually harassed Randa, displayed a management style marked by micromanagement, favouritism, and poor teamwork, violated the chain of command, and negatively affected the organization's reputation.

Dissatisfied with her dismissal, Angawa filed a lawsuit against both Kituo Cha Sheria and its former executive director, Dr. Annette Mbogoh. Court records show that the respondents were represented by Mumma and Kanjama Advocates.

Angawa’s petition sought, among other remedies, a declaration that the decision to terminate her contract was unfair, unlawful, and violated her constitutional rights to fair labour practices and fair administrative action.

She further requested general damages for the breach of her constitutional rights under Articles 27, 28, 31, 41, 47, and 50 of the Constitution.

Additionally, she sought compensation for unfair and wrongful termination stemming from unproven and unsubstantiated sexual harassment allegations.

In a ruling delivered on May 9, 2025, Justice Byram Ongaya determined that Angawa’s dismissal was unfair both in its substance and the procedures followed, breaching Sections 44 and 45 of the Employment Act, 2007.

The court also noted that "the termination was driven by malice, evident in the Performance Committee’s neglect of the grievance process and the ad hoc committee’s failure to properly investigate the sexual harassment allegations. The sexual harassment policy explicitly prohibits filing malicious claims of this nature."

The court found that the alleged victim had accepted the use of the nicknames "baby boy," "lollipop," and "baby boy lollipop" for over a year and five months.

These terms were also commonly used by other staff members at Kituo without Randa raising any objections.

Notably, the court highlighted an occasion when the entire AGCP team made a birthday cake for Randa with the words "baby boy lollipop" written on it, yet he neither protested nor filed a complaint.

Additionally, the court noted a lack of evidence supporting the claims of physical sexual harassment.

Randa did not report the alleged incidents, nor did he call any witnesses who were purportedly present during the events to testify on his behalf.

The court also remarked on the surprising shift in Angawa’s reputation, noting that she had joined the organization in 2015 with an unblemished record but was suddenly cast as the wrongdoer after a joint complaint was filed by five of her supervisees in April 2022.

The court further noted that Dr. Mbogoh, Angawa’s supervisor, had never expressed any concerns about her performance or behavior, nor had she issued any warnings before the complaint containing sexual harassment allegations was made.

It concluded that Angawa’s rights under Articles 27, 41, 47, and 50 of the Constitution were violated, and that the respondents did not adhere to the termination procedures specified in the Human Resource Policy and the Sexual Harassment Policy.

Consequently, the court directed Kituo Cha Sheria to compensate Angawa by July 1, 2025.

If the payment is not made by that date, the awarded amount will begin to accrue interest at the applicable court rates from the date of the judgment.

Angawa’s lawyer, Dennis Seko, applauded the court’s decision, saying, "The judgment sends a strong message to employers who fabricate reasons to unlawfully dismiss their staff."