A Nairobi-based businessman was Friday jailed for one year or pay a fine of Sh200,000 after he was found guilty of assaulting his worker of 23 years.
Bhupendrakumar Premchand Shah, 68 appeared before a Milimani court on Friday when Chief Magistrate Susan Shitubi found him guilty of assaulting his worker Grace Asami Bwabe aged 60 years old on June 14, 2021, at around 09.30 am at Laxmi Plaza along Biashara Street, Nairobi.
He also in the course of assaulting her caused bodily harm to her.
Shitubi said that Bwabe had worked for Shah for 23 years of which 10 of those years were in his house as a house help and the rest in his business premises along Muindi Mbingu Street where she used to make tea for him.
“The complainant had come to your office demanding payment of her dues and totaling to Shs949 000 as she wanted to retire. You attacked by slapping her in the kitchen as you refused to accept her retirement,” stated Shitubi.
She said the complainant reported the matter at Central police station where she was issued with a P3 form after getting medical attention.
Shah in his statement had indicated that the accused had broken his chair which caused an altercation that led to her reporting the assault complaint.
In his mitigation, Shah asked the court to give him a non-custodial sentence stating that he was remorseful for the action he took of assaulting his former employer.
He added that he was faced with ill health due to his advanced age while the complainant maintained that she wanted to be served with justice.
“I have considered what Shah has said in his mitigation and being a first offender and his advanced age I find it not proper for him to punish an employee coming to her to seek her right. I, therefore, order that he pay a fine of Sh200 000 or serve a jail term of one year if he can`t pay, he has a right to appeal within 14 days,” stated Shitubi.
