Simon Kabu and Sarah Njoki’s former nanny has taken her case to the Court of Appeal after the Employment and Labour Relations Court dismissed her lawsuit alleging sexual harassment, violation of dignity, and invasion of privacy by the estranged business couple.
The woman, identified as JK, had sued the Bonfire Adventures directors for over KSh 28 million, claiming her rights were violated during her employment. The case gained public attention in December 2024 after Simon allegedly leaked CCTV footage of an altercation between JK and Sarah. The footage fueled online speculation about the couple’s marital troubles, with JK asserting that she was unfairly labeled a “husband snatcher” and targeted on social media.
In her lawsuit, JK sought KSh 7 million for alleged sexual harassment by Sarah, another KSh 7 million for breach of confidentiality due to Simon’s release of the footage, and KSh 14 million for violation of her privacy and dignity by both parties.
However, Justice Manani ruled that JK’s lawsuit was inadmissible because her employment contract had already been terminated on October 15, 2024, following an out-of-court settlement with the Kabus. The judge stated that since there was no existing employer-employee relationship, the Employment and Labour Relations Court had no jurisdiction over the matter. JK, however, claims she was coerced into the settlement by police officers whom she believes were influenced by the Kabus.
Additionally, the judge ruled that since JK was employed by Bonfire Adventures, a registered company, rather than Simon and Sarah personally, her claims against them should have been filed in a Magistrate’s Court rather than the Employment and Labour Relations Court. Despite this, he acknowledged that the ELRC has original and unlimited jurisdiction over all labor disputes, including those within a magistrate’s jurisdiction.
JK’s lawyer, Mr. Arunda, criticized the ruling, arguing that the judge should have transferred the case instead of dismissing it entirely.
“The ELRC, as an extension of the High Court, has jurisdiction over all employment disputes. Striking out a case should always be a last resort. This is why we are dissatisfied with the decision and have already filed a notice of appeal at the Court of Appeal,” said Arunda.
