After 14 years of service at the National Bank of Kenya (NBK) which is under the management of George Odhiambo, Dorcas Ndirangu’s career came to an end under a cloud of disputes and discontent.
Ndirangu joined NBK in 2008, working her way through various roles before ending as a Customer Services Consultant at the Ruiru branch.
However, her final years at the bank were marked by increasing friction and disciplinary actions she believes were targeted attempts to push her out.
In an affidavit submitted to the court, Ndirangu presented a timeline of incidents she claims were orchestrated to undermine her position.
She points to a 2021 performance review as the beginning of a series of actions that, in her view, were designed to frustrate and force her into resignation.
According to Ndirangu, the 2021 performance evaluation contained errors that unfairly impacted her rating, leading her to file an appeal.
Although the appeal was successful and the review revised, the episode, she claims, led to a warning letter she saw as unwarranted and a part of a broader effort to eliminate her from the bank’s staff.
Following the disputed performance review, Ndirangu faced a series of “show cause” letters, which escalated the tension between her and NBK management.
The first letter, dated October 14, 2021, accused her of withholding funds intended for opening new accounts.
In her defense, Ndirangu argued that the delay stemmed from operational issues within the bank’s account-opening system rather than any misconduct on her part.
However, this explanation was reportedly dismissed by NBK management.
In December 2021, a second letter cited her for frequent lateness and absences.
Ndirangu responded by detailing personal struggles she had been facing, including health issues and caring for her ill child.
She maintains that her explanations were either disregarded or insufficiently considered, contributing to an atmosphere of growing hostility at her workplace.
A third show cause letter arrived in March 2022, accusing her of mishandling a client interaction. NBK proceeded with disciplinary action, initiating hearings where, Ndirangu argues, she was denied crucial information.
Specifically, she claims that she was not given access to the bank’s internal investigation report or details of the incidents cited, leaving her unable to adequately defend herself.
This, she asserts, underscored the lack of procedural fairness that ultimately defined her exit.
NBK’s actions, in Ndirangu’s view, amounted to a coordinated campaign to erode her professional standing and set the stage for her departure.
The bank countered that her alleged missteps, such as delays in customer account openings, lateness, and the alleged mishandling of a client, were significant enough to warrant disciplinary actions.
NBK claimed that Ndirangu’s behavior impacted its corporate image negatively, pointing to customer complaints on social media as evidence.
However, Ndirangu maintains that these accusations lacked substantive grounds and that the procedural flaws further evidenced the bank’s intentions.
By withholding critical information during the disciplinary hearings, she argues, NBK compromised the fairness of the process and stripped her of a fair chance to respond.
On July 11, 2024, Justice O.M. Maina ruled in Ndirangu’s favor, identifying procedural missteps in the bank’s handling of her termination.
The judge found that NBK’s approach to Ndirangu’s case did not adhere to fair practices and declared her dismissal as unjust.
In a judgment seen as a vindication of Ndirangu’s grievances, the court awarded her three months’ salary as compensation, amounting to Ksh. 629,703.
The ruling underscored the importance of procedural fairness in employment matters and highlighted the potential pitfalls of managerial actions that may be perceived as unfairly targeting employees.
Justice Maina’s decision points to a broader implication for employers: maintaining transparent and objective disciplinary processes is crucial, particularly when career-long employees like Ndirangu are involved.
Ndirangu’s case raises significant questions about employee treatment within corporate environments.
For long-serving employees, termination processes that appear biased or lack transparency can have lasting reputational and emotional effects.
Ndirangu’s experience, marked by a pattern of what she claims were excessive disciplinary measures and insufficient communication, speaks to a broader trend where employees feel isolated or targeted without a proper recourse to defend themselves.
In Kenya, as in many other countries, employment rights are increasingly under scrutiny, especially in cases where longstanding employees face dismissals that may involve procedural errors.
This case illustrates how essential it is for organizations to handle performance reviews, disciplinary procedures, and termination processes with care and in line with labor laws to avoid reputational damage and costly litigation.
The culmination of Dorcas Ndirangu’s career at NBK has become a stark example of the challenges some employees face when organizational practices appear to deviate from procedural norms.
While NBK defended its actions as necessary for maintaining corporate standards, the court’s ruling indicates that the process failed to meet legal requirements for fairness.
Ndirangu’s victory in court, while financially modest, symbolizes a broader struggle for employee rights and procedural fairness, highlighting the need for employers to balance corporate interests with the ethical treatment of their workforce.
