Fired Mukumu Girls Cook Sues School for Reinstatement and Damages
Last month, Mukumu Girls High School fired a cook for speaking to the media about food poisoning that claimed the lives of three students and a teacher. The cook has since filed a wrongful termination lawsuit against the school.
Douglas Muchela claimed in documents submitted to the Kakamega chief magistrate court on July 21, 2023, that the school’s letter of show cause served to him on June 2 was based on falsehoods, innuendos, and an attempt to conceal a matter that was already in the public domain.
In an article titled “How Mukumu Girls Students and Teachers Were Poisoned to Death,” he was allegedly falsely accused by the school board of management (BOM) of releasing unsubstantiated, misleading, and derogatory information about the school to the Saturday Nation newspaper.
Muchela submitted a written submission to the directorate of quality assurance on May 17, 2023, according to the letter filed in court. It suggested that his department heads lacked professional knowledge of the kitchen, and as a result, he was unwilling to accept instructions from the caterer and the head chef.
“On May 27, 2023, you issued unverified, misleading, and disparaging information against the school, in an article titled ‘How Mukumu Girls Students and Teacher Were Poisoned To Death”.
According to a letter issued to the media, it was stated that the claim suggesting that the ugali and beef provided to both the staff and students of the school had an unusual odor and were unsavory has been regarded as not only misleading but also as an attempt to besmirch the school’s reputation.
Muchela, represented by Wafula Wawire & Company Advocates, wants the court to declare that the school’s putative termination of his employment as a cook was unprocedural, arbitrary, punitive, and illegal, and to order his reinstatement.
Muchela is also requesting that the court award him damages for the respondent’s unlawful termination, which caused him unwarranted pain and suffering.
In the alternative, he wants the court to order the respondent to pay the claimant his terminal and other benefits that would have accrued up until the date of his retirement.
Muchela has named Jane Mmbone, the school principal, as the respondent in her capacity as secretary to the school BOM.
Muchela stated that he faithfully served the institution until 2007, when he left to pursue other engagements.
He stated that in the year 2016, he had been reappointed based on a letter dated December 31, 2015.
This reappointment came after recommendations from the school bursar, who had previously observed his approach to carrying out activities at the school during his first tenure.
On March 2, 2023, he reported feeling ill for no apparent reason, particularly in the oesophagus.
He stated that around March 7, 2023, he had approached the school principal with the exclusive intention of conveying this information.
He also mentioned that he had been hospitalized at one point due to the same matter, experiencing intense pain in the esophagus and passing stool stained with blood, a pattern that was observed among his colleagues at the school as well.
During that time, he served as the chief chef of the school’s bakery, but was not directly involved in the main kitchen’s operations.
Muchela claimed that the respondent’s actions, which included having his name published in daily publications, had victimized him.
Due to the inaccurate information the respondent gave to the media, he expressed that the situation had caused him significant mental distress and exhaustion and had jeopardized his chances of finding employment elsewhere.
Currently, he is without employment and faces the possibility of perpetuating this circumstance due to the actions of the respondent. He highlighted that his sole livelihood hinges on this situation, adding further concern to his predicament.
He stated that he in no way made such a clumsy and preposterous misrepresentation as the respondent alleges, and that this should not be his responsibility.
In the lawsuit, the Attorney General’s Office has entered an appearance on behalf of the institution.
Fired Mukumu Girls Cook Sues School for Reinstatement and Damages
