A former Kenya Power senior manager has sued the company demanding more than Sh42 million, accusing the electricity distributor of keeping her in an acting capacity for six years.
In a petition filed before the Employment and Labour Relations Court, Zilpa Auma Ayara said that the employer kept her in the position for the entire period, forcing her to take an early retirement in January this year.
She wants the court to declare that she was substantially confirmed in the position of the chief officer in charge of the national contact centre and therefore entitled to full salary.
“The claimant avers that she took over the acting position for the then chief officer who was earning her full salary and acting allowance, however when it came to her, the respondent (Kenya Power) chose to withhold the acting allowance without any justifiable course in act of open discrimination,” Ms Ayara said in the petition.
She is demanding payment of Sh34 million in unpaid salaries, allowances and benefits for the position of chief officer for six years, unpaid acting allowance of Sh3 million and a further Sh5 million as compensation for discrimination.
The case will be mentioned on October 1.
The former officer said she opted to take early retirement because of threats to her safety and what she felt was exploitation and outright discrimination against her.
Through the law firm of Oscar & Associate Advocates, Ms Ayara said she had a legitimate claim to be confirmed to the position after the lapse of six months.
She is now demanding cumulative unpaid salaries and allowances for the substantive position and damages for discrimination and a certificate of service reflecting her actual roles.
Ms Ayara joined Kenya Power in June 1987 as a filing clerk and was promoted over the years before she was made a chief officer in charge of the national contact centre.
The position of chief officer fell vacant on April 6, 2018 when the incumbent was transferred. Ms Ayara was placed in the position, albeit in an acting capacity.
Her salary did not change, but she said that she was placed in job group MG 09, which was three grades below the chief officer position, in which she was acting.
She said she worked in the position until January 2023, when she the company acceded to paying the acting allowance, but continued to withhold the cumulative acting allowance for the period between June 6, 2018 and January 2023.
The former employee said she took early retirement due to demoralisation over the withholding of her salary, allowances and benefits and resigned on January 16, 2024.
Ms Ayara said her salary at the time of exit was Sh205,880 yet job group MG 06, which she was supposed to be placed in, would have entitled her to a salary of Sh461,079.
“The claimant avers that although she was not issued with a confirmation letter, it is her belief that by operation of law, she was substantially confirmed to the position of chief officer in charge of the national contact centre upon the lapse of six months acting period,” she said.
She said the delay in filling the position was unlawful and had predisposed her to unfair labour practices and unfair administrative actions as well as a violation of Kenya Power’s staff regulations and procedures.
Ms Ayara pointed out that the regulations state that acting allowances shall not be paid in excess of six months period. Accordingly, it is expected that before the expiry of this period, a suitable replacement is found or an acting individual is confirmed to the position.
She said she sought clarification on numerous occasions and wrote emails and memos about the appointment and the unpaid salary but the matter was never addressed.
