A former Kenya Power manager has sued the company for Sh42 million, accusing the electricity distribution company of employing her on a temporary basis for six years.
In a petition filed at the Employment and Labour Relations Tribunal, Zilpa Uma Ayara said her employer kept her in her position throughout the period, forcing her to take early retirement in January this year.
She wants the court to declare that she has been essentially confirmed as the officer in charge of the National Contact Centre and is therefore entitled to full salary.
“The plaintiff asserts that she assumed the position of Acting Chief Officer at the time who was paid her full salary and representation allowance, yet when it came to her, the respondent (Kenya Power) chose to withhold the representation allowance without any justification in an act of overt discrimination,” Ms Ayara said in the petition.
She demanded Sh34 million in unpaid salaries, allowances and benefits for the position of chief officer for six years, an unpaid representation allowance of Sh3 million and another Sh5 million as compensation for discrimination.
The case will be mentioned on October 1st.
The former officer said she chose early retirement because of threats to her safety and what she felt was exploitation and outright discrimination against her.
Through law firm Oscar & Associates Advocates, Ms. Ayara said she had a legitimate right to have her appointment confirmed after six months.
She is now seeking unpaid cumulative salaries, allowances for the primary position, damages for discrimination, and a certificate of service reflecting her actual roles.
Mrs. Ayara joined Kenya Power in June 1987 as a File Officer and was promoted over the years before being appointed as the Chief in Charge of the National Contact Centre.
The position of Chief Officer became vacant on 6 April 2018 when the incumbent was transferred. Ms. Ayara was appointed to the position, albeit on an interim basis.
Her salary did not change, but she said she was placed in job group MG 09, which was three levels below the chief petty officer position she held as an agent.
She said she served in the position until January 2023, when the company agreed to pay the representation allowance, but continued to withhold the cumulative representation allowance for the period between June 6, 2018, and January 2023.
The former employee said she retired early out of frustration over the withholding of her salary, benefits and allowances and resigned on January 16, 2024.
Ms Ayara said her salary at the time of exit was Sh205,880, but the job group MG 06, to which she was supposed to be assigned, would have given her a salary of Sh461,079.
“The plaintiff claims that although she did not receive a confirmation letter, she believes that under the law, her appointment to the position of Senior National Contact Centre Officer was essentially confirmed six months into her term of office,” she said.
She said the delay in filling the position was unlawful and exposed her to unfair labour practices and unfair administrative procedures as well as a violation of Kenya Power’s employee regulations and procedures.
Ms. Ayara pointed out that the regulations stipulate that representation allowances shall not be paid for a period exceeding six months, and therefore it is expected that before the expiry of this period a suitable replacement will be found or an acting person will be appointed to the position.
She said she had asked for clarification on numerous occasions and written emails and memos about the appointment and unpaid salary, but the matter was never addressed.