A magistrate’s court in Eldoret will in November make a ruling in regard to a case in which a man is seeking millions in compensation from Chesumei Member of Parliament Paul Biego.
The man, Rajab Masika Waliaula, filed the case in April 2022, accusing the MP of unfair dismissal.
Court documents indicate that Rajab was an employee of Entertainer Truck, a company owned by the MP. He was employed in December 2017 as a cleaner but was sacked on May 9, 2020 – in what he claims was without any valid and sound ground.
“It is the claimant’s claim that the termination of the employment by the defendants/respondents was unfair as violated the requirements of Section 42 (2) of Employment Act, 2007,” he told the court in his final submission filed on October 23, 2023.
During the hearing of the case, MP Biego did not appear in court in person. He sent an employee of Entertainer Truck as a witness who admitted to the court that Rajab was their employee.
No CCTV evidence
However, he said he was dismissed for neglecting his duties and being rude – a claim Rajab denies.
The legislator also told the court that the claimant was dismissed for theft but did not provide a CCTV to collaborate.
Rajab now wants the claim disregarded.
“The claimant further states that the allegations of theft as claimed by the respondents should be disregarded by this court. They could have reported him to the police and he could have been charged in a court of law which did not happen,” the claimant said in his submission.
“The defendants alleged that they had captured the claimant on the CCTV which they never produced in court as evidence,” he added.
According to Rajab, his monthly salary was Ksh16,000. However, he says during the three years he worked at Entertainer Truck as a cleaner, he never received any annual leave of off as required by law.
He now wants compensation for not the unfair dismissal.
The Eldoret Principal Magistrate will make the ruling for the case on November 30, 2023.
