Africa-Press – Kenya. The Employment and Labour Relations Court Justice Bryam Ongoga has certified as urgent prayers in a case filed by the former Kajiado Trade CEC Jackline Koin over unfair and unlawful termination.
Justice Ongoga fixed the hearing date on August 9 at the Employment and Labour Relations Court in Nairobi.
The issuance of the certificate of urgency came about after Koin’s lawyer wrote to Governor Joseph Ole Lenku and the county government on July 26, 2023, instructing them to reinstate Koin, who was sacked on May 18, 2023.
The lawyer argued that his client was terminated pursuant to Section 31 (a) of the county government Act 2012 but there were no reasons assigned for the termination.
In a letter to the governor and the county government, the lawyer argued that Koin was not issued with any notice before termination.
“The termination of her contract was contrary to her constitutional right to labour practices, and the right to a fair hearing,” the lawyer said.
“The termination letter was devoid of reasons for supposed termination. Our client was not afforded any fair hearing before the supposed termination of her employment.”
Koin’s lawyer said his client instructed them that pursuant to the terms of her employment contract, she was entitled to the following payments Sh1,212,750 three months’ pay in lieu of notice period, severance pay equivalent to 3 months’ basic salary of Sh1,212,750.00.
A gratuity equivalent to 31 per cent of the basic salary for the period served at Sh1,127,857, all totalling Sh3,553,357.
Others are payment for the remainder of the contract(Sh10,922,040), settlement of the outstanding allowances(Sh1,800,000), compensation for unfair and unlawful termination equivalent to 12 months’ salary pursuant to section 49 of the Employment Act(Sh4,851,000) which totals to Sh21,126,397.
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