Kajiado County Assembly Clerk Daniel Konyango has triumphed over his employer in a labour case that has seen him walk out of employment with Sh12 million compensation
Konyango, who had been accused by the speaker, Johnson Osoi, of indulging in ‘unprofessional’ conduct and suspended to pave way for investigations, is now a proud owner of a fat account.
The county assembly lifted, without announcement, Konyango’s suspension on March 29 and handed his reinstatement letter to Employment and Labour court in Nairobi as a clear indication that they had no further legal engagement with him.
Documents availed to us show a draft agreement between the county assembly and Konyango indicating that on being reinstated to office, he would proceed on his annual leave pending his early retirement from July 1.
Lawyers acting for Konyango, J M Njengo and Andrew Muma, went to court to challenge his suspension and argued that the employer breached the employees contract.
During the court proceedings, Konyango’s lawyers unleashed a contractual agreement between him and the employer which cited penalties against it if in any way it will breach the variation of contract.
The variation of terms of employment document between Konyango, according to available documents, indicates it was signed by Osoi and the employee on September 1, 2016.
The document says in part; “any termination in breach of this contract by the Assembly shall entitle the officer to a compensation in all outstanding remuneration payable under this contract for the unexpired portion of the contract.”
Konyango was contracted for a non-renewable term of 8 years by the county assembly in Mach 2014.
Following the misunderstanding between Konyango and his employer, the county assembly will now be compelled to pay the employee all his dues for 27 months starting from July 1.
The agreement which was signed by both parties before the Labour court that heard the case (ELRC Number 563 of 2018) indicated that Konyango would proceed on his annual leave from April 1 to June 30, after which he will be paid all his dues.
From July 1, Konyango will be paid his 27 moths’ salary amounting to Sh7, 268,400, gratuity amounting to Sh1, 583,604, medical allowance (Sh450, 000), Leave allowance (Sh22, 500), Leave days not taken as at June 30, 2018 (219, 846.67) and gratuity not submitted to Lap Fund (Sh1, 568,128.80).
The total amount Konyango will take home is Sh12, 189,279.47.
Konyango today said he is satisfied by the arrangement and he will walk home with his “head up”.