- Mr Ndung’u accuses the guardian firm of failing to present him a hearing and suggestions on investigations over his preserve in the Kenyan audit firm after he raised a grievance about plans to oust him.
- The primitive CEO is now searching for an undisclosed quantity of money from the KPMG International for damages after the sack.
- The Excessive Court in February talked about the sacking of Mr Ndung’u turned into as soon as unlawful and ordered the Kenyan unit of KPMG to pay him Sh379.03 million.
Worn KPMG chief government officer is searching for thousands and thousands of shillings from the British-Dutch guardian audit firm for racial discrimination in the wake of his sacking in 2017.
Richard Boro Ndung’u, who turned into as soon as sacked over an alleged indecent relationship with his private assistant, says KPMG International failed to present protection to him and as a change aided his elimination as a accomplice from the regional firm.
Mr Ndung’u accuses the guardian firm of failing to present him a hearing and suggestions on investigations over his preserve in the Kenyan audit firm after he raised a grievance about plans to oust him.
He reckons that this turned into as soon as in breach of KPMG’s grievances and complaints code.
The primitive CEO is now searching for an undisclosed quantity of money from the KPMG International for damages after the sack, announcing it encouraged native companions to vote for his elimination over indecent relationship with his private assistant.
The Excessive Court in February talked about the sacking of Mr Ndung’u turned into as soon as unlawful and ordered the Kenyan unit of KPMG to pay him Sh379.03 million.
Mr Ndung’u accuses the global firm of double requirements in the manner Africans and the reduction of KPMG companions are treated, announcing the failure to present him a hearing and security from punishment upon being declared innocent turned into as soon as racially motivated.
He talked about European companions going thru identical accusations were dealt with as required by the KPMG code on complaints and treated in self perception.
“My cure at KPMGI’s hands turned into as soon as for that reason of this truth discriminatory and racially motivated, given the disdain they’ve for the citizens and the authorized pointers of Kenya in bid, and Africa in popular,” Mr Ndung’u says in the documents filed on the Excessive Court.
The tussle between KPMG and its ex-employee started on the morning of Monday, October 3, 2016 when Mr Ndung’u turned into as soon as summoned to the placement of labor of then CEO Josphat Mwaura at ABC Assert, Westlands.
An allegation had been made in opposition to him by an nameless person that he turned into as soon as having an indecent relationship with his private assistant, in accordance to court docket documents.
Mr Ndung’u turned into as soon as then requested to give up his cellular telephone and laptop to facilitate investigations.
He turned into as soon as moreover required to proceed location of labor for two days as the investigations were conducted. Mr Ndung’u contended that even when he knew it turned into as soon as unlawful for the CEO to confiscate his cellular telephone, he alternatively gave them out with out a fight.
The stumble on with the CEO location in movement a series of events that culminated in his dismissal from the KPMG East Africa partnership.
Following the sacking, Mr Ndung’u moved to court docket anxious $8.2 million which turned into as soon as the anticipated earnings from 2017 to 2024 when he would attain his retirement age of 60, among diversified damages.
He accused his primitive employer of unfairly targeting him, intimidation, and non-procedural elimination from partnership. The Excessive Court directed the topic be heard by an arbitrator.
On the cease of the arbitration by John Ohaga on March 6 ,2019, Mr Ndung’u turned into as soon as awarded an combination sum of Sh460.5 million (on the then trade charges) and a extra Sh1.9 million in special damages. Mr Ohaga moreover indicated that the award would develop ardour on the payment of 5 percent per yr till KPMG settles it.
Nonetheless aggrieved by the arbitrator’s ruling, KPMG filed a case in the Excessive Court, which diminished the payout to Sh379 million.
Mr Ndung’u talked about he complained in opposition to the native firm in October 2016 thru the chairman of the senior companions’ discussion board and KPMG South Africa CEO Trevor Hoole.
He talked about KPMG International turned into as soon as told of the plan back and three days later, the guardian firm started investigations into the topic.
Mr Ndung’u accuses KPMG International of failing to impartially overview his grievance by permitting the very person he complained about (Mr Mwaura) to overview the topic.
He says KPMG International turned into as soon as in fixed conversation with Mr Mwaura, adding that that it turned into as soon as a note of approval for his ouster.
“KPMGI has orchestrated in the abet of the scenes, KPMG EA’s and KPMG Kenya’s submitting of their preliminary memorandum of charm, and a more most serene perceive of movement to location apart the arbitral award, to inflict upon me the maximum monetary loss that you just might perhaps imagine,” he talked about.
Mr Ndung’u, thru the regulation firm Kithinji Marete and Firm Advocates, says the truth that KPMGI earns a well-known share of profits from KPMG Kenya, that implies it goes to no longer catch away administration of justice underneath native regulation.
“KPMGI receives hefty licence prices from KPMG Kenya, underneath a licence agreement,” says Mr Ndungu.
KPMG international has antagonistic the case announcing it turned into as soon as no longer wisely served and the court docket lacks powers to hear the topic.
The global firm has moreover accused Mr Ndung’u of searching for double enrichment after getting thousands and thousands of shillings in opposition to KPMG Kenya.