2nk driver who reported misbehaving students awarded Sh1.4 million for unlawful dismissal

The driver of a 14-seater matatu who made headlines for reporting students who were smoking bhang and taking alcohol has been awarded Sh1.4 million for unlawful dismissal.

Nyeri Senior Principal Magistrate Faith Munyi ordered 2NK Sacco to pay John Maina Muthoni his dues and issue his certificate of service within 45 days.

According to the court documents, Maina told the court that he was employed by 2NK Sacco Limited Company as a driver from March 1, 2017, to ferry passengers from various destinations to Nairobi city, earning a consolidated salary of Sh4,000 at the time of termination.

He said that on November 17, 2021, he was assigned to drive a 14-seater matatu, tasked with ferrying 12 fare-paying secondary school students from Karatina to Ruai.

The documents stated that he started his journey from Karatina terminus, and along the way at Kibigoti area, he realized that the students were smoking bhang and taking alcoholic beverages.

He warned them, but they threatened his life.

The driver told the court that he drove to Sagana police station, but they jumped out of the vehicle through the window and the main door.

The documents further stated that Maina made a report to the police station and the chairman of 2NK Sacco on November 19, 2021. He later reported back to the Karatina bus terminus, where he worked as a stage controller.

He testified that a 2NK Sacco agent verbally told him to stay away from the bus terminus and instead report to the Sacco boardroom in Nyeri. Maina said he followed the directive, only for the board chairman to verbally fire him, accusing him of bringing “sheer disrepute” by reporting the students to police.

He added that after five years of service, he expected due process.

His lawyer, Edwin Ndichu, told the court that the driver was entitled to pay as per the 2017 and 2018 wages order, which set the minimum wage at Sh21,942 and Sh23,039 per month, and Sh1,056 and Sh1,108 per day respectively.

While delivering the ruling, Munyi noted that the claimant alleged he was fired after reporting the incident to Sagana Police Station.

“There are no minutes showing the claimant was granted a hearing. The stated reason for his dismissal was that he reported the matter to police. In my opinion, this was neither fair nor valid,” she ruled.