By WMW
The Employment and Labour Relations Court (ELRC) has issued temporary orders restraining Kenya Tea Development Agency (KTDA) Holdings Limited from terminating or interfering with the employment of one of its employees who has accused the tea giant of systematic workplace exclusion and discrimination.
In orders issued yesterday, by Lady Justice Jemimah Wanza Keli, the court directed that KTDA Holdings Limited and its leadership refrain from taking any adverse action against Mr. Thomas Mwiraria Murithi pending the hearing of an application scheduled for June 23, 2026.
The court further ordered the respondents to file their responses within seven days, setting the stage for what is shaping up to be a significant constitutional and labour rights dispute involving disability inclusion in the workplace.
Mr. Murithi, a journalist, scholar and registered person with disability, has petitioned the court alleging that despite remaining on KTDA’s payroll under a valid employment contract running until April 2028, he has been systematically isolated from the organisation’s operations.
According to court documents, the petitioner claims he was removed from internal communication platforms, excluded from official email distribution systems, omitted from the company’s organisational structure, denied work assignments and locked out of meetings and workplace processes necessary for the performance of his duties.
The petition states that although no disciplinary proceedings were instituted against him and no termination notice was issued, he was effectively rendered professionally inactive while continuing to receive his salary.
“The cumulative effect of these actions was to isolate the petitioner from the functional operations of the respondent while simultaneously retaining him on the payroll,” the court filings state.
Mr. Murithi argues that the alleged exclusion has caused severe emotional distress, psychological anguish and reputational harm, forcing him to seek therapy.
At the centre of the dispute is the claim that the actions taken against him amount to violations of several constitutional protections, including the rights to equality and freedom from discrimination, human dignity, fair labour practices, fair administrative action and the rights of persons with disabilities.
The petition invokes Articles 27, 28, 41, 47 and 54 of the Constitution, as well as provisions of the Employment Act and the Persons with Disabilities Act, 2025.
The petitioner contends that the exclusionary treatment was not merely an employment dispute but a constitutional matter involving the dignity and inclusion of persons with disabilities in the workplace.
Among the respondents named in the suit are KTDA Holdings Limited, its Acting Group Chief Executive Officer and the Board of Directors of KTDA Holdings Limited.
Several organisations have also been listed as interested parties, including the National Council for Persons with Disabilities (NCPWD), United Disabled Persons of Kenya (UDPK), Kituo Cha Sheria, Katiba Institute, the Kenya Human Rights Commission (KHRC), the Media Council of Kenya (MCK) and the Public Relations Society of Kenya (PRSK).
In the substantive petition, drawn by Kiprop and Hilda advocates, Mr. Murithi seeks a series of declarations and orders, including a finding that his constitutional rights were violated, reinstatement to all workplace communication and operational systems, restoration of his duties, and compensation for alleged emotional and psychological harm.
He is also seeking aggravated and exemplary damages, arguing that the respondents acted with full knowledge of his disability status and their legal obligations under the Constitution and disability rights legislation.
Legal observers say the case could have far-reaching implications for how Kenyan courts interpret workplace exclusion, constructive marginalisation and disability rights in employment settings.
The petition raises questions about whether an employer can lawfully retain an employee on its payroll while allegedly excluding them from meaningful participation in workplace activities and decision-making processes.
The matter is expected to come up for inter partes hearing before the Employment and Labour Relations Court on June 23.
Until then, KTDA and its leadership remain bound by the court’s interim orders prohibiting any interference with the petitioner’s employment contract.
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