As we all know, Andrew Kibe and Kamene Goro are currently employed by Radio Africa as content creators and radio presenters but have not been on air for weeks now.
NRG Radio has sued its former presenters Kamene Goro and Andrew Kibe over a three-month non-compete clause in NRG Radio’s employment contracts and now Radio Africa Limited has been enjoined in the case.
This was after they resigned from NRG Radio, and court documents show they each paid their former employer Sh404,995 as three months’ salary in lieu of notice.
Yesterday, Employment and Labor Relations Court judge Hellen Wasilwa allowed Radio Africa to join the case as an interested party. However, Justice Wasilwa further extended the orders issued against Kamene and Kibe, barring them from working publically or indirectly for any radio station in Kenya until the case is heard and determined.
The judge has also allowed NRG to amend their petition to include Radio Africa as an interested party, and any other amendments they have in the next three days. Radio Africa has the same number of days to file its response.
The court similarly dismissed the preliminary objection filed by NRG Radio, opposing Radio Africa’s application to be enjoined in the case. NRG had argued that the entire application was an abuse of the court process and it should be dismissed.
In their submissions to the court, Radio Africa argued that it entered into an employment contract with Kamene and Kibe on June 14, and they have been reporting to work at Radio Africa since June 20. This was before NRG took the two to court for working for its competitor.
They have been creating content for Radio Africa and have undergone induction and were set to go on air on July 8. Radio Africa asked the court to enjoin them as interested parties in the matter because they have a recognizable stake in the matter.
In an affidavit by the head of legal Linda Musita, Radio Africa said the orders issued on June 28 are prejudicial and detrimental to their commercial interests, as it will result in loss of business, in terms of advertising sold and scheduled to be aired on their radio show.
This will result in loss of ratings and number of listeners, whilst jeopardizing the consistency of its corporate brand
The affidavit reads in part.
Musita says Kiss FM has 10 million listeners a month, who tune into the station on a daily basis, and they will be adversely affected by the orders if Kamene and Kibe are not on air.