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Demand Letter

The document is a formal demand letter from Swanyalaw Advocates representing Thomas Mong’are Nyanoti, who claims unfair termination from his position as a Security Guard at Protective Custody House. The letter outlines allegations of unlawful termination without due process, non-payment of December 2024 salary, and requests compensation including salary arrears and damages. The firm warns that legal action will be initiated if satisfactory payment is not received within seven days.

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92 views2 pages

Demand Letter

The document is a formal demand letter from Swanyalaw Advocates representing Thomas Mong’are Nyanoti, who claims unfair termination from his position as a Security Guard at Protective Custody House. The letter outlines allegations of unlawful termination without due process, non-payment of December 2024 salary, and requests compensation including salary arrears and damages. The firm warns that legal action will be initiated if satisfactory payment is not received within seven days.

Uploaded by

joyelsie2011
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Our Ref:

Your Ref: T.B.A

10th July 2025


The Human Resource Manager
Protective Custody House
Kisauni Road, Nairobi West,
P.O. BOX 27998 – 00100
NAIROBI, KENYA.
Tel: +254 202 346 147,
Mobile: 0733 900 004
Email: [email protected]

Dear Sirs,
RE: DEMAND FOR COMPENSATION FOR UNFAIR TERMINATION, NON-
PAYMENT OF DECEMBER 2024 SALARY, AND FAILURE TO ACCORD
DUE PROCESS UNDER THE EMPLOYMENT ACT, 2007
We refer to the above subject matter.
We act for Thomas Mong’are Nyanoti (Our “Client”) under whose instructions we address
you as hereunder.
Our client informs us that he was employed by your company as a Security Guard at your
Nakuru Branch from June 2023 until his unlawful and unjustified termination of his
employment in December 2024.
Our client avers that on or about 20th December 2024, he formally informed your office of
their temporary illness and submitted a valid sick leave notices dated 16th December 2024
and 30th December 2024 in accordance with the provisions of Section 30(1) and (2) of the
Employment Act, 2007. Our client further informs us that the original copies of the said
notices were hand delivered to the offices of your Nakuru branch and handed over to one
Joshua Kiprop who was manning the front office for onward transmission to the relevant
office.
Despite this, and without any lawful justification, your office terminated our client’s
employment summarily—without issuing a notice to show cause, convening a disciplinary
hearing, or affording them the procedural safeguards outlined under Sections 41, 43, and 45
of the Act.
Further, your company failed to:
1. Pay our client’s salary for the month of December 2024, in breach of Section 18(1)
(b) of the Employment Act.
2. Issue one month’s salary in lieu of notices, contrary to Section 36 of the Act.
3. Provide any written reasons for termination or evidence of misconduct or incapacity
to warrant such drastic action.
The termination is therefore substantively and procedurally unfair, and our client is
entitled to relief under Section 49 of the Act, including but not limited to:
 Salary arrears for December 2024.
 One month’s salary in lieu of notices.
 Twelve (12) months’ gross salary as compensation for unfair termination.
 Certificate of service as required under Section 51.
 Any unpaid dues, allowances, or accrued leave entitlements.
TAKE NOTICE that unless we receive satisfactory written confirmation of payment and
settlement of the above claims within seven (7) days of the date hereof, we have firm
instructions to institute legal proceedings against your company at the Employment and
Labour Relations Court without further reference to you and at your sole cost and risk.
Yours sincerely,
SWANYALAW ADVOCATES

Joy Wangari
Litigation Counsel

Cc: Client

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