Stanley Katiku

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YOUR REF: DL/DML1/24 YOUR REF: TBA DATE:12TH APRIL,2024

STANLEY KIOKO KATITU,


P.O BOX,
NAIROBI.
DAISY GACERI MWORIA,
THE DIRECTOR,
DALIV LTD,
THE STABLES, KAREN ROAD,
P.O BOX 4439-00506,
NAIROBI.

Dear Madam,

RE: WRONGFUL DISMISSAL AND UNFAIR TERMINATION OF EMPLOYMENT


(EMPLOYEE: STANLEY KIOKO KATITU OF ID. NO.13523955, JOB NO. D12 )

I refer to the above referenced issue and address you as hereunder;

That I have been an employee in your company as from the month of May,2023 working as a
driver assigned to vehicle registration no. KCZ 126G.My monthly net salary for the
employment has been Ksh 25,000.

Take note that on 20th March,2024 you unlawfully terminated my employment without the
requisite one (1) month notice or payment of one (1) month notice in lieu of notice as per the
Employment Act, Chapter 226, Laws of Kenya.

Take further notice that I was also being underpaid for the services offered as a driver within
an area classified as a city with regard to Minimum Wage Schedule for cities (housing
allowance excluded) effective from 1st May, 2022.The said schedule provides a minimum
salary of Ksh29,580 for a driver working in a city. This makes a monthly underpayment of Ksh
4,580 per month multiplied by the eleven (11) months worked making a total of Ksh 50,380
as the total claim for underpayment.

In addition, there was unpaid leave of one (1) month salary at Ksh 25,000.

The Employment Act under section 31provides that an employer shall provide reasonable
housing for an employee. In my situation I was entitled to reasonable housing allowance
which I fairly claim at Ksh 6,000 per month for the eleven (11) months worked arriving at a
collective figure of Ksh 66,000.

In summary I make my claim as follows:

1. One (1) month salary in lieu of termination notice...Ksh 25,000


2. Total underpayment for eleven (11) months worked...Ksh 50,380
3. Unpaid leave equivalent to one (1) month salary... Ksh 25,000
4. Total unpaid housing allowance at Ksh 6,000 per month for the eleven (11) months
worked arriving at a collective figure of Ksh 66,000
5. Certificate of Service

It is now my firm demand you settle my said claim totaling to Ksh 166,380 within fourteen
(14) days from the date of receiving this letter failure to which I will seek legal redress against
yourself.

I also take this written communication as a reminder that I am not a victim of gross
misconduct to qualify for summary dismissal.

Yours faithfully,
STANLEY KIOKO KATITU

C.C. Labor Officer, Nairobi County.

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