Law firm quits representing Nakuru senator in dispute with former employees

A legal firm has withdrawn from representing Nakuru Senator Tabitha Karanja in a dispute where 14 former employees have sued her for unfair dismissal.

In the case filed before the Parliamentary Service Commission (PSC), the former employees alleged that Ms Karanja sacked them without legal notice and unpaid dues. 

However, in an application before the panel, Kamau Ngigi and Company Advocates states that it ceases to act for the senator, over her lack of interest in the case.

Ngigi submitted that Karanja has made it difficult for his firm to act competently on her behalf.

“The respondent (Keroche) has persistently failed to favour the firm with instructions on the proceedings before the panel,” he says.

Ngigi argues that ever since the senator instructed his firm to go on record on her behalf, she failed and neglected to instruct him on the way forward on the public interest litigation.

Further, he adds that the Senator has persistently failed to attend the proceedings whenever the matter came up for hearing, to the detriment of the 15 former employees.

“Our persistent attempts to urge the respondent to provide us with the necessary instructions have proved futile. We are unable to continue appearing for her without the requisite instructions,” he says.

Ngigi says the case has been delayed since it was filed in January because of a lack of instructions, and given the same, he saw it fit to withdraw his services.

The 15 former employees, led by Kering Kipkorir, claim unfair and unlawful termination without notice or salary.

“The senator failed to follow laid-down legal procedures in dismissing us from employment. There are unpaid salary arrears and terminal dues, unjustified salary deductions and constructive dismissals,” they former employees say.

The claim showed that nine of the 15 were employed as coordinators from October 1, 2022, for 60 months, with each earning Sh25,000 per month.

However, Kering and Koech Kiprono claim that the senator purported to terminate their contracts through termination letters dated April 15, 2024, alleging gross misconduct.

The two claim that they were never served with any notices to show cause, nor were they heard or even invited to any disciplinary hearing.

“We were not at any time allowed to answer to any of the presented allegations, and since the termination, we are owed Sh303,900 and Sh283,850, respectively, in unpaid salaries,” they submit.

Moreover, the two state that as coordinators, they signed a contract with the senator for a basic salary of Sh25,000, but things changed.

“Sh20,000, which was salary, less deductions, was only paid for about five months, then was abruptly, without any warning or notice, slashed by half to Sh12,000 without any justifiable cause or explanation,” the two say.

Three others, Erastus Wahinya, Esther Nyokabi, and James Mutaba, claim that Karanja terminated their contract on May 31, 2024, on account of restructuring and without prior notice.

They state that they were owed Sh275,850 each in unpaid salaries, from the date of their employment until the day of their purported termination.

“The difference is between the contractual salary on paper and actual sums remitted to our respective accounts,” they say.

The three argue that restructuring, which led to their termination, required strict adherence to the provisions of the Employment Act, including prior notice to them and the labour offices.

They state that the purported restructuring was a ploy to terminate their employment, since similar positions still exist, only that other people were installed to occupy them.

Three other former employees claim that they never received any letters of termination, but their salaries simply stopped being remitted.

They state that they only learnt that they had been terminated when they enquired about delayed salaries.

The three claim that the senator owes them Sh480,150, Sh574,750, and Sh325,965 for their term of employment.

The nine claim that they wrote several letters to Karanja, communicating their issues, but the same were allegedly ignored and remain unaddressed to date.

The other five say that they were engaged as office staff by the senator but were terminated between January 19, 2023, and May 31, 2024.

Keroche has until September 11 to appoint a new lawyer.