Ol Pejeta to pay worker Sh22m in racism suit

A vast private wildlife conservancy has been asked to pay its former finance manager Sh22 million for wrongful dismissal in a precedent-setting court case that touches on nepotism and racial discrimination.

Industrial Court judge James Rika said Ol Pejeta, the 90,000-acre conservancy in Laikipia County that is East Africa’s largest black rhino sanctuary and home to orphaned and rescued chimpanzees, “practised nepotism and racial discrimination against black managers”.

He consequently ordered Ol Pejeta to pay its former finance manager David Wanjau Muhoro Sh22 million within 30 days of the September 16 judgement as compensation for unlawful sacking and discrimination.

This includes Sh18 million for pecuniary disadvantage and loss suffered for breach of work for equal value, one year’s gross salary of Sh3.4 million for unlawful termination and Sh559,148 being the balance of annual leave pay.

“This should be enough reparation as a measure of the actual pecuniary loss and compensation for discrimination,” said Justice Rika in a landmark 74-page judgement.

Mr Muhoro moved to court on October 27, 2011 seeking an array of reliefs amounting to Sh98.6 million after he was sent packing by Ol Pejeta on December 7, 2009.

He joined the conservancy in October 1, 1984 as an accounts clerk and rose through the ranks.

He was accused of negligence which led to the company losing about Sh10 million, but the judge said his termination was in violation of the Employment Act 2007.

His termination letter and dues amounting to Sh740,000 were sent to him through the Laikipia District Labour office. He was earning Sh215,767 by the time he left the ranch.

The court noted that failure to implement the conservancy’s strong anti-discrimination policy had led to racism and injustice against black employees that included earning lower salaries than white staff.

'CONCERNED BY RULING'

In a press statement, the non-profit conservancy has said it firmly believed in equal opportunities without discrimination and had world-class systems to help people develop.

“We are concerned by the Industrial Court ruling, which we defended, as we believe it does not reflect the care and professionalism shown to everyone on the conservancy. We wish to make it clear that whilst we respect the decision of the learned judge, we are advised that we have strong grounds for appeal and we are considering our options,” the statement read in part.

The conservancy was formerly owned by Adnan Khashoggi, a billionaire Turkish-Saudi Arabian arms dealer, who was in the 1980s considered one of the richest men in the world.

The ranch was subsequently acquired by Lonrho East Africa Ltd and later sold to the current owners, Fauna and Flora International.

In court, Justice Rika noted examples of a huge salary difference of more than Sh300,000 between Mr Muhoro and white managers, some of whose work was to tend to chimpanzees and livestock.

At least four white managers, according to the ruling, each earned an average of Sh500,000 as of September 30, 2009, while the top black manager, Martin Mulama, was paid Sh375,744.

'EMPLOYED AS CONSULTANTS'

Evidence adduced in court indicated that Mr Giles Prettejohn (livestock production manager) was earning Sh464,000, Ms Ann Olivercronna (chimpazee manager) was pocketing Sh370,000, while Mr Richard Vigne (CEO) was taking home Sh494,875 compared to Mr Muhoro’s then monthly package of Sh148,000.

On the contrary, the court heard that the black livestock assistant who had worked for 30 years by September 2009 earned Sh40,000 per month, the black assistant workshop manager for 35 years was being paid Sh57,989 and the black fencing supervisor with 31 years of service got Sh49,140.

Further evidence was tabled indicating that Mr Walter Awinda, a building manager, earned Sh150,000 in 2009, while a white building manager Brendan Hill, the son-in-law of the conservancy logistics manager Brian Haworth, earned Sh345,345.

To justify the salary disparities, the conservancy’s CEO alleged that the white managers were employed as consultants, but the court dismissed the argument.

During the hearing of the case in October 2012, the court learned that Ol Pejeta had significantly increased the salaries of black managers to supposedly show there was no salary disparity. By then Mr Muhoro had left the conservancy.

Documents tabled in court also revealed how top white managers employed their relatives and rewarded them with high salaries.

For example, logistics manager Mr Haworth employed his son-in-law Mr Hill as a building manager and his daughter-in-law was the public relations manager.

Board member Mr Ian Craig employed his son Mr Batian Craig as wildlife security manager and daughter-in-law Ms Melissa Duveen Batian’s wife also once worked as a public relations manager.