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We took Kamene and Kibe to Vegas, bought them cars, cries NRG in lawsuit

When Andrew Kibe and Kamene Goro handed in their resignation letters to NRG executives, they did not know that they would not embark on their new jobs elsewhere.

This is because the Employment and Labour Relations Court Hellen Wasilwa barred them from joining Radio Africa’s Kiss 100 radio station, two days before they officially reported.

“A temporary order of injunction is hereby granted restraining the duo from performing services for, carrying or being engaged or interested or concerned directly or indirectly or publicly identifying with the promotion of services by any other radio station within the Republic of Kenya or any business that competes with NRG,” the judge said.

Lady Justice Wasilwa issued the temporary order after NRG, the duo’s former employer sued them for breach of contract.

The judge said the order remains in place pending the hearing and determination of the case.

NRG first moved to court on July 25 to protest against the fact that the duo who used to host the station’s most popular show dubbed as NRG breakfast club, hand landed new jobs at a competing radio station.

But the judge only certified the matter as urgent until July 26 when she issued the temporary order.

NON-COMPETE CLAUSE

In the filed case documents, NRG claimed that the two violated the non-compete clause in their contracts which required them to refrain from working for a competing media house until after three months.

According to their former employer, Mburu and Goro had agreed that they would keep away from taking any jobs from competitors when their contracts are terminated until after the three months period.

However, the fact that they resigned on June 13 and 14 respectively, and were to start their jobs as from July 1, NRG told the court that their resignation came as a shocker.

NRG also claimed that they both knew that they were bound by their contracts even if they had resigned not to take up any new appointments until after the three months period hence their new posts put the company in danger.

NRG alleged that the company had invested so much in the duo including an eight-month training, helped them purchase their own vehicles as well as using their images on billboard advertisements.

TWO WEEKS

NRG further disclosed that the company had them taken to USA for a two weeks period in March during this year’s Rugby Sevens week, an event that is usually held annually in Las Vegas, USA.

The court heard that the two had also been branded and promoted by the said company as on air personalities hence were privy to their business, products and marketing.

The company also alleged that it bars its employees from sharing its information with competitors hence faulted the duo for violating that rule.

The company said it is entitled to a reimbursement considering that it had heavily invested in the duo who only worked for them for 10 months before calling it quits.

NRG wants the court to declare that that the duo breached the non-compete clause of their former employment contract and therefore have the company awarded general damages.

As the two await to know their fate on whether or not they will be back on air anytime soon and a determination on how they will have to pay back their former employer, they will certainly not enjoy their new lucrative posts in the near future. The case will come up for a hearing on July 15.