Maryconcepter Nzakuva (Managing Partner)
COMMISSIONERS FOR OATHS & NOTARY PUBLIC
OUR REF:………………………. 13th August, 2024
YOUR REF: KWEW/GEN/440/JNK/22/02/2024
KWEW ADVOCATES LLP,
The Former Salvation Army HQs, 1st Floor,
Monrovia Street.
P.O. BOX 50199-00100
NAIROBI.
Tel: +254768206178
Attn: JACOB SITUMA
RE: SUMMARY DISMISSAL FROM EMPLOYMENT OF JOSEPH NG’ANG’A KAMAU WITHOUT
LEGAL NOTICE AS PER SEC. 35 (1) (C) OF THE EMPLOYMENT ACT DUE TO HIS ACTIONS OF
GROSS MISCONDUCT, MISAPPROPRIATION OF COMPANY FUNDS AMOUNTING TO KSHS
80,000/= AND BREACH OF FUNDAMENTAL TERMS OF EMPLOYMENT.
Your letter dated 29th July, 2024 refers. We write to advise that we have been instructed by
SENIORS DRIVING SCHOOL LIMITED (hereinafter referred to as “our client”), on whose
instructions we address you hereunder: -
THAT your client cannot claim unfair, unprocedural and unlawful termination of employment
since he was summarily dismissed due tomorrow morning his negligent actions; or his
dishonesty, Gross Misconduct, Misappropriation of Company funds of Kshs. 80,000/=, Breach
of Fundamental Terms of Employment among other misdeeds he committed against the
company like working in cohort with policemen.
THAT your client worked for our client for 5 years contrary to what he claims that he has
been working for our client for 12 years. Remind your client that he absconded work and
Seniors Park, 2nd Floor S8, Naivasha Road, P.O. Box 4968 - 00100, Nairobi
+254 727 400842 .
+254 772 337134 .
[email protected]
www.nzakuvalaw.com
. .
Maryconcepter Nzakuva (Managing Partner)
COMMISSIONERS FOR OATHS & NOTARY PUBLIC
resigned when he was first employed by our client, the he re-applied for the post that he
held until he was summarily dismissed due to Gross Misconduct and Misappropriation of
Company Funds amounting to Kshs. 80,000/= , Breach of fundamental terms of employment
and other past misdeeds against the company.
THAT your client claim that his salary was Kshs. 110,000/= or whatever arrears he claims are
falsehoods from your client and his dishonesty seems to be his Mondus Operandi if he
cannot even disclose the truth to his Counsels. His Gross salary by the time he was summarily
dismissed was Kshs. 52, 950/= as shown in the attached on his last pay slip of December,
2023.
THAT our client doesn’t owe your client any salary arrears’ and if your client claims so, then
our client is ready to furnish you with all the pay slips on the months or days that your client
claims to have those arrears amounting to Kshs. 110,000/=
THAT our client will have to recover the loss of its funds from your client amounting to Kshs.
80,000/= that your client signed TWO Cheques to Automobile Association of Kenya knowing
very well that the School did not have the certification from NTSA to train Drive Schools
Instructors. It was his role to do due diligence to ascertain if AAK was certified, which we
know he knew it wasn’t. Our client believes that this was a pure fraudulent act by your client
to defraud the company.
THAT our client doesn’t dispute the fact that they owe your client Kshs. 40,000/= as Refund
of Staff Deposits and we are ready to settle that upon your client signing at the office that he
has received his refund.
THAT our client agree that your client worked for 4 days of January, 2024 and they are ready
to pay for the days while computing it at his Gross Pay which will be Kshs. 7060/=
THAT our client owes your client Leave allowance for the year 2023 which amounts to Kshs.
19, 125/=.
THAT our Client doesn’t contest paying your client one month salary in lieu notice of Kshs.
52950/=, Refund of the Staff Deposit of Kshs. 40,000/=, Salary of 4 days that he worked on
January, 2024 amounting to Kshs. 7060, and Leave Balance of the year 2023 amounting to
Kshs. 19, 125/= summing all up to Kshs. 119,135/=.
THAT our client has no objection in giving your client his Certificate of Service.
TAKE NOTICE, that any ill-advised action against our client shall be vigorously defended at
your client’s costs, interests and all other consequences ensuing therefrom.
Yours Faithfully,
Nzakuva & Company Advocates
Seniors Park, 2nd Floor S8, Naivasha Road, P.O. Box 4968 - 00100, Nairobi
+254 727 400842 .
+254 772 337134 .
[email protected]
www.nzakuvalaw.com
. .
Maryconcepter Nzakuva (Managing Partner)
COMMISSIONERS FOR OATHS & NOTARY PUBLIC
…………………………………………………..
Maryconcepter Nzakuva
Yours Faithfully
…………………………………………………
Maryconcepter Nzakuva,Managing Partner.
Seniors Park, 2nd Floor S8, Naivasha Road, P.O. Box 4968 - 00100, Nairobi
+254 727 400842 .+254 772 337134 [email protected]
www.nzakuvalaw.com
. .
