A man who was illegally dismissed from work after suffering an injury by a company has written to the Chief Justice David Maraga requesting him to intervene as the court has failed to deliver justice.
In a letter dated June 13, Samson Odega Opondo claims that he was dismissed from Bidco Oil Refineries limited on November 24, 2011 after sustaining injury at work.
He sought for the services of a lawyer in December 2011 and filed a case in the court.
“Since then, the case went on for quite a long time without the company’s legal representation attending court proceedings, despite being served with notices on regular basis”, he says in the letter.
Opondo says that on March 2, 2018, the court delivered a judgement on the court matter in his favour, but in absentia of the company’s legal representation.
“Later the same court issued a warrant letter, for the judgement order to be complied with through auctioneers, but consequently, the same court has set aside the judgement for review, in a move that prompts suspicion for the court having been compromised”, Opndo says.
He says that for 15 months since the judgement was delivered, the matter has been lying in court without any progress.
In March 2019, he filed a complaint at the judiciary ombudsman office, for follow up but in vain.
He adds that he travel from upcountry every month to come and attend the case in court in Nairobi; which has compromised his little family resources, leaving him poorer.
He says his children are even not going to school.
“I urge you the CJ to exercise your supreme powers to work on this matter and assist me get justice”, he says.
Since 2013, he travels to Nairobi from Kisumu twice every 3 months, and has incurred expenses of Sh144,000.
“The issue of the courts and Bidco Africa labour cases is becoming a controversy. The uncontested truth is, ever since despite gross labour malpractices against its employees who proceed to courts to seek for justice, none of the cases have ever been ruled in favor of complainants. At one time while wrongfully dismissing employees, the CEO of Bidco Africa dared the dismissed employees to take him anywhere they wanted and warned that he will pay them over his dead body, He later added that the dismissed employees can only succeed if they file the case in the U.S, but not in any Kenyan courts”, the letter says
He appealed to CJ Maraga to intervene and take up on his case, which he feels that justice. J.N Aboudha is withholding delivered case judgment for more than 2years , for reasons that he feel are not genuine.
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