Success Story of Alex Mmera Mwalati
Access to Justice / Success StoriesNovember 3, 20160 CommentsKituo Cha Sheria
Alex Mmera Mwalati from Kakamega worked as a radio producer at Sauti Ya Rehema (Sayare RTVN) for seven years until October 2015 when he voluntarily chose to resign and pursue other things. He duly followed the process required in terminating one’s employment by giving a notice period and diligently completing his tasks as he‘d always done.
At the end of the working relationship with Sayare RVTN, Mmera requested payment of his outstanding arrears something which he got verbal commitments from the network management but which was not forthcoming. After several unfruitful attempts to get his dues, he decided to seek legal assistance. He approached the Milimani Commercial Court in Nairobi. “The Courts are where justice resides”, he said. At the Commercial Court he was directed to Kituo Cha Sheria for further assistance. He walked through the gate at Kituo Cha Sheria, an organization he’d heard about but never interacted with before, in April 2016. Mmera was registered as a new Kituo client and given legal advice on the actions he needed to take to get his arrears. This was done before he was given another date to come and see a lawyer with all the relevant documents.
On 25th May, 2016 Mr. Mmera presented all the relevant documents (appointment letter, resignation letter and bank statements) necessary for his claim to Ms. Christine Obiero, a Kituo lawyer who advised the client, drafted demand letters and pleadings in pursuit of his claim. The employer remained non-committal to all communication from our client until the matter was filed in Nakuru-the nearest labour court to where Mmera was working. On being served the employer finally acknowledged the employee status of Mr. Mmera and the amount owed in arrears. After negotiations an agreement was put in place giving the formula of payment with Mmera receiving a cheque of Ksh. 138,000-the first installment in September 2016. The employer is expected to clear the balance by December 2016.
A beaming Mmera received the cheque as reward for his labour and persistence in pursuing his rights; he urges people to follow-up their issues where they feel deprived but as a good journalist warns that patience is key. He remains grateful to the team at Kituo for their work in giving hope to the poor and marginalized that they too have rights safeguarded in law that deserve to be pursued.
RCKM-Kituo cha Sheria
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