GlaxoSmithKline Pharmaceutical Kenya Ltd (GSK) had denied claims that the firm is planning to exit the Kenyan market as alleged by a former employee who has sued the company for illegal termination.
In response to a case filed by Ms Pauline Wambui Gichuki, GSK says the company will adopt a distributor-led model to supply the country with its products.
The firm says in court documents that Ms Gichuki has made unsupported allegations that GSK would cease operations in Kenya from May this year.
“The 1st respondent remains a going concern at liberty to adjust its commercial model and to engage with business partners and government agencies,” the firm said in response to an application by Ms Gichuki, seeking a court order compelling GSK to deposit more than Sh100 million in court before the determination of her case.
Mr Gichuki has sued GSK in a separate matter pending before the Employment and Labour court and the firm says it had valid reasons to terminate Ms Gichuki’s contract, for gross misconduct.
The firm has also denied claims that she was fired in 2018 while on maternity leave and says the disciplinary hearing against her was concluded in December 2017, and that she was granted bed rest as recommended by her doctor, before proceeding on maternity leave.
“The applicant is not owed any obligation by the 1st respondent. The applicant has not demonstrated why she should be entitled to preferential treatment in priority to other parties with whom the 1st respondent has contractual or financial obligations,” Mr David Swao, a legal director at GSK says in reply.
Justice Alfred Mabeya directed the parties yesterday to file their submissions and he will rule on the application on March 14.
Mr Swao further said Ms Gichuki has not shown how she stands to suffer damage, because the case pending before the Employment court has not been determined and it is speculative that it would be determined in her favour.
The former GSK medical sales representative says in the application that the multinational might leave the country quietly, defeating her compensation case.
She says she was employed as a medical sales representative on a permanent basis in April 2011, earning a salary of Sh262,000 and was fired on August 8, 2018. She wants to be paid for the unfair sacking.
The firm, however, says Ms Gichuki was fired for breach of GSK’s disciplinary code for falsifying call records and was given adequate time to respond to the accusations before being taken through a disciplinary hearing.
