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Bomet Woman Rep Linet Toto faces lawsuit over alleged wrongful dismissal
Bomet Woman Rep Linet Chepkorir alias Toto.
Bomet Woman Representative Linet Chepkorir, popularly known as Toto, has been sued by a former staff in her office for alleged wrongful dismissal from service.
Dominic Kipkirui Mutai, a former deputy county manager, claims his services were terminated six months after his appointment without any notice or disciplinary action.
Toto's spouse, Gideon Tonui, has also been implicated in the case for allegedly threatening the former manager on several occasions without justification.
Mr Mutai stated that his services were "terminated without due process as he was not served with any notice to show cause, letter of termination or disciplinary action as required by the Employment Act 2007".
In court papers, Mr Mutai alleges that he was threatened by Mr Tonui, the Woman Representative's husband, in a phone call on 12 March this year that shook him to the core.
"I reported the matter at Bomet Police Station and obtained an Occurrence Book (OB) number 19/13/04/2023 at 1320 hours)," he said, with a copy of the OB number attached to court documents following the case filed at the Employment and Labour Relations Court in Kericho.
He alleged that Mr Tonui was not deterred by the fact that the matter had been reported to the police station, and instead went ahead with "fresh threats of termination (of service) and denial of remuneration".
According to the letter of appointment dated 4 October 2022, Mr Mutai's contract was to run for five years with a gratuity calculated at 31 per cent of gross salary for the period of service.
Mr Mutai is suing Ms Chepkorir in her personal capacity and has named the Woman Representative's office as the second respondent in the case. It states that the plaintiff was employed by Ms Chepkorir through a letter of appointment dated October 3, 2022 to the position of deputy county manager in the office of the Bomet Woman Representative.
The contract was to be terminated by giving one month's notice in writing or by paying one month's basic salary in lieu of notice, according to the appointment letter signed by Ms Chepkorir and accepted by Mr Mutai on October 4.
Mr Mutai is seeking an order from the court that he be reinstated in his position pending the hearing and determination of the case by the Employment and Labour Relations Court.
Through Sigey Arap Bett and Company Advocates, Mr Mutai, in the application dated July 31, is seeking to be reinstated on the payroll pending the hearing and determination of the case.
He alleges that the MP and her office have "threatened and proceeded to deny the applicant access to the office and his workplace with intent to humiliate and degrade him and to unfairly and wrongfully terminate his services".
In the court papers, Mr Mutai said he had "diligently, conscientiously and without fail carried out the mandate of the office".
He says that on April 23, one Kiplangat Joseph Maritim showed up at the parliamentary offices at Continental House in Nairobi with instructions from the MP to collect the office keys, making it difficult for the officer to carry out his official duties as stipulated in the contract.
Mr Mutai stated that he handed over the office keys as instructed and informed the MP of the move by sending a short text message to her mobile phone, but did not receive a response.
He says that on April 23, one Kiplangat Joseph Maritim showed up at the parliamentary offices at Continental House in Nairobi with instructions from the MP to collect the office keys, making it difficult for the official to carry out his official duties as stipulated in the contract.
Mr Mutai stated that he handed over the office keys as instructed and informed the MP of the move by sending a short text message to her mobile phone, but did not receive a response.
He stated that the MP's "blatant failure to respond to the text messages and in the exercise of due diligence, prompted me to write the letter dated April 26 2023, in which I sought to address the issue of loss of access to my workplace, while at the same time requesting clear instructions on the relocation".
In his submissions to the Tribunal, Mr Bett (advocate) seeks an interim order reinstating the Applicant to his position pending the hearing and determination of the matter."...This honourable court is pleased to grant an interim order restraining the first and second respondents (Ms Chepkorir and the office of the Bomet Woman Representative) by themselves, their agents, servants, relatives and/or any other person acting under their instructions from denying the plaintiff/applicant access to the office and his work place in any manner whatsoever pending the inter partes hearing and determination of this application," Mr Mutai said.
Ms Chepkorir's office was on Tuesday served by a process server, Mr Wesley Ngeno, as directed by the court and she is expected to file a response to the case at the Labour and Employment Relations Court
