Former Equity GM seeks Sh133m for ‘wrongful dismissal’

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What you need to know:

  • Joseph Macharia Kagicha, who was general manager (GM) Agency Banking, and was sacked one and half months ago, accuses Equity Bank Kenya Limited of discriminating against him.
  • Lawyer Titus Koceyo urged Lady Justice Maureen Onyango of the Employment and Labour Relations Court to compel the lender to pay Mr Kagicha Sh10 million for discrimination, psychological and mental torture.

A former senior banker with a top lender is seeking more than Sh132.7 million in terminal dues for allegedly being axed irregularly.

Joseph Macharia Kagicha, who was general manager (GM) Agency Banking, and was sacked one and half months ago, accuses Equity Bank Kenya Limited of discriminating against him.

Lawyer Titus Koceyo urged Lady Justice Maureen Onyango of the Employment and Labour Relations Court to compel the lender to pay Mr Kagicha Sh10 million for discrimination, psychological and mental torture.

Justice Onyango of the Employment and Labour Relations Court (ELRC) has given the bank 21 days to respond to the allegations raised by its former GM failure to which a judgement will be entered based on the evidence tabled by Mr Koceyo.

Mr Kagicha is also asking the court to compel the lender to pay him Sh113,580,000 being loss of opportunity for the remaining period before attaining the retirement age of 60.

The career banker has urged the workers’ court to compel his former employer to pay him Sh1,577,500 being withheld salaries when he was on suspension between March and July 2020.

He is also seeking 12-month compensation for unfair loss of employment at Sh7,572,000.

In the evidence presented to the ELRC, Mr Koceyo states that “no valid legal reasons were presented to the claimant before he was sacked.” Mr Kagicha who joined the bank on April 8, 2011 then promoted to be the GM agency banking due to his good performance making the department’s returns highest.

He claims that he was sacked based on recommendations of a preliminary of a compliance report which was never returned to him for his final response and input as the GM on agency banking.

Mr Kagicha states that on October 2019 the bank’s compliance department purported to carry out a “compliance check in the Agency Banking Department then prepared a report that was shared between him and the General Manager Shared Services then respond to issues raised by January 20 2020.”

He says he made a number of proposals to improve the agency banking in the report which was handed to a Mr Martin Miruka of the group managing director’s office and who “ in turn handed over the same to the Group Managing Director without taking into account the responses he had made into the preliminary compliance report.”

CONDEMNED UNHEARD

“This exposed Mr Kagicha to be condemned unheard as it meant that all the allegations contained in the preliminary compliance report were uncontroverted, which was not the case,” the lawyer says in the evidence to court.

The claimant says the report was escalated to the banks’ topmost authority without his final input.

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