OUR REF:ODENYO/4/2020 YOUR REF:
9th September 2020
Chief Executive Officer/Secretary,
The National Gender and Equality Commission,
Solution Tech Place, Longonot Road, Upperhill
P. O Box 27512-00506
NAIROBI
Dear Madam,
RE: TERMINATION OF EMPLOYMENT CONTRACT OF PETER SHIBIRA
ODENYO DATED 5TH OCTOBER 2018
Reference is made to the above subject matter.
We have been retained by Peter Shibira Odenyo, our client herein and on whose instructions we
address you as follows:
Our client, the said Mr. Odenyo was until the 5th day of October 2018 your employee in the
capacity of Internal Auditor pursuant to a contract of employment dated 16th May 2017.
Mr. Odenyo served in the aforesaid role satisfactorily and executed his assigned duties without
complaint or anything to show want of competence.
That on the 5th of October 2018 in a letter signed by the then acting Secretary/CEO Sora Katelo,
the Commission issued a notice terminating Mr. Odenyo’s contract on the alleged grounds of
“unsatisfactory performance”.
The termination was subsequent to a show cause notice issued on 8th of February 2018. The show
cause notice cited a failure on Mr. Odenyo’s part, and we quote, “to submit your rated performance
appraisals for discussion by the Commission”.
Mr. Odenyo then satisfactorily explained the reasons and causes for the inadvertent delay on his
part to submit the requisite documents of performance evaluation, which explanation you accepted.
Further, Mr. Odenyo’s performance evaluation showed that he had met all targets and was awarded
a mean score of 85.5% by his supervisor.
That the grounds of the purported termination so alleged were, until the letter of termination, not
been brought to the attention or notified to our client Mr. Odenyo. They are therefore extraneous,
unsubstantiated wild allegations.
Given the sequence of events, namely the issuance of the show cause letter on the same date as the
extension of the probation period, the Commission was actuated by malice and in terminating the
contract of employment had a sinister motive, well calculated to punish our client for unspecified
reasons only known to the Commission.
Accordingly, therefore, the letter of the Commission that terminated Mr. Odenyo’s contract of
employment was, and remains unlawful and illegal within the Employment Act, Cap 226 of the
Laws of Kenya.
That the said termination amounts to unfair and wrongful termination under the aforesaid
Employment Act of Kenya.
That the purported and alleged ground/s of summary termination (if any), did not follow the
procedure for settlement of disputes neither does it conform to the edict, letter and spirit of
employment laws and regulations applicable to employment contracts in Kenya.
That our client avers that he was in your employment for more than a year continuously and
diligently performing the tasks for which he was employed and offered exemplary and unparalleled
services at all times.
That the termination of employment of Mr. Odenyo without any valid reason whatsoever was
cruel, heartless, malicious and in breach of her fundamental right to employment protected under
the Constitution of Kenya 2010.
That the purported termination and the subsequent refusal to admit the complaint to a duly
constituted internal appeal process is in breach of the Employment Act.
We wish to inform you that the termination on the alleged grounds of unsatisfactory performance
were unrelated to the initial show cause notice, and therefore any act of the Commission pursuant
thereto to have Mr. Odenyo’s contract of employment terminated is deemed to be without any
valid reasons, which reasons given were unfair, unfounded, wild and untenable in law.
In the totality of the circumstances, it is beyond doubt that our client had his employment
terminated without an opportunity to be heard or to have the dispute referred to any internal
adjudicatory or disciplinary procedures as set out in law.
That the circumstances under and the manner in which Mr. Odenyo’s contract of employment was
terminated are incomprehensible and far beyond incredulous given that the reasons given are
invalid and vague, the termination amounts to an unfair and unlawful termination under the
Employment Act.
We also bring to your attention that your unlawful and cruel act caused our client severe medical
injury in that he suffered acute depression which he is yet to recover from and incurred humongous
medical expenses.
Thus, we bring to your attention, which advise we have shared with our client, that, the termination
of Mr. Odenyo’s contract of employment were a blatant illegality on your part and openly in breach
of sections 43 and 45 of the Employment Act for which you are fully liable.
THAT WE HEREBY DEMAND the following compensation:
1. Salary in lieu of notice
2. 12 months salary computed as per the last month’s paycheck.
3. Compensation for medical injury incurred and all monies expended towards the treatment
THAT should you fail to fulfil this demand within seven (7) days from receipt of this letter hereof,
we have strict instructions to file a suit for recovery of the lawful compensation mandated by law,
damages and other relevant remedies without further reference to you and at the risk of exorbitant
costs to be incurred by yourselves.
Yours faithfully,
Dr. Miyawa Maxwel
CC:
Client
