OUR REF: ARA/LIT/003/24 YOUR REF: TBA DATE: 9th OCTOBER, 2024
Geoffrey Nyakundi
G. N. Nyakundi Advocates
Wu Yi Plaza, Block B, E2
Galana Road, Kilimani
P. O Box 59876-00200
NAIROBI.
Tel: 0782554234/0720554234
Email: [email protected]
Advance Copy Via Email
Dear Sir,
RE: DEMAND FOR PAYMENT OF OUTSTANDING SALARY, COMPENSATION FOR BREACH OF
EMPLOYMENT CONTRACT AND NOTICE OF INTENTION TO SUE
OUR CLIENT: EDGAR ANUNGO KAVELE
We act on behalf of Mr. Anungo, our above-named Client, and we hereby address you, in your
capacity as proprietor of G. N. Nyakundi Advocates as hereunder: -
In March 2024, upon his admission to the Bar, our client and yourself entered into a fixed-term
contract of employment for six (6) months, renewable upon mutual agreement. Mr. Anungo diligently
discharged his duties under the terms of this contract until his resignation on 30th September 2024
earning a net salary of KES. 61,750.
It is our client’s position that his resignation was not merely a voluntary exit but rather amounted to
constructive dismissal due to the adverse working conditions to which he was subjected. In the last
months leading to his resignation from employment, Mr. Anungo endured incessant and unjustified
scolding, often in a discriminative manner, creating a hostile and intolerable work environment.
Despite the oppressive working conditions leading to his resignation, and our client’s effort to get
his dues, you have also unlawfully withheld his salary for the month of September 2024. This illegal
action has caused him significant financial distress, exacerbating the harm he already suffered
during his employment. The withholding of his wages not only breaches the employment contract
but also infringes on his constitutional rights under the Constitution of Kenya and other Kenyan laws.
We are, therefore, instructed to DEMAND from you, which WE HEREBY DO: -
a. Immediate payment of the outstanding net salary for September 2024 of KES. 61,750;
b. 5 months’ net salary as compensation for unfair termination on account of constructive
dismissal.
c. Compensation for Violation of Constitutional Rights under Article 27, 28, 29, 40, and 41 of
the Constitution of Kenya.
d. General Damages for the emotional and psychological distress following the adverse
working conditions and discriminative treatment, and unlawful withholding of the salary. The
quantum of damages will be addressed following the admission of liability.
TAKE NOTICE that unless we receive your response and admission of liability to fully compensate
our client within the next seven (7) days from the date hereof, we have strict instructions to institute
the necessary legal proceedings against you at your risk as to costs and other incidentals arising
therefrom.
Yours Faithfully,
Margaret Ang’ano
ANGANO & RATEMO ADVOCATES LLP
Email: [email protected]
