Safaricom has lost a plea for the suspension of a Sh2.5 million compensation awarded to a former customer care representative after the court ruled that the woman could refund the money if the telco won in appeal.
Justice James Rika dismissed the application by Safaricom, stating that Ms Eva Bessy Kathambi had demonstrated that she has the financial wherewithal to refund the amount in the event the intended appeal by the mobile company succeeds
Ms Kathambi, now a PhD holder, successfully sued Safaricom in 2014 and was awarded the amount for pain and suffering after she was retired on medical grounds in October 2012.
“She is a PhD holder, engaged as a consultant by domestic and international organisations. She has exhibited details of her bank account. Her account is healthy. She is not a lady of straw. The Respondent’s (Safaricom) assertion that in event its Appeal succeeds, the Claimant would not be able to refund, because she is an individual of no known means, is misplaced,” said Justice Rika.
Safaricom went back to court, arguing that it was dissatisfied with the judgment. The telco said its appeal is arguable with a high probability of success, that it was willing to offer security.
Further, Safaricom claimed that Ms Kathambi was an individual with no known means of income and might not refund the amount in the event the appeal is successful.
Ms Kathambi opposed the application and complained that she obtained the judgment after a delay, which was occasioned by a myriad of reasons, including the loss of the original court file.
She said that there was no doubt that she suffered a permanent work injury, and it was never in doubt also that Safaricom failed to provide her with a safe work environment.
