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How Denis Galava calculated the sh425M compensatio...

How Denis Galava calculated the sh425M compensation claim from Nation Media Group

Dennis Galava has sued Nation Media Group for wrongful dismissal and unfair termination of employment in the Employment and Labor Relations Court (ELRC).

The staggering sh425 million compensation dwarfs the sh60 million that former Standard Group Editorial Director Chacha Mwaita asked for wrongful dismissal in April 2014. Until this Denis Galava case, that was the biggest amount ever sought by a journalist in Kenya’s history.

Mwaita was fired alongside investigative journalist Mark Kapchanga for the story they did challenging State House austerity verbosity over its expenditure of sh100 million at the luxurious Mt. Kenya Safari Club, yet they could have spent much less in government installations across the country.

In the case, ELRC NO. 290 of 2016, Galava wants to be paid sh425 million. In the prayers, he calculates the damages as follows;

  1. Three month’s pay in lieu of notice as per his letter of appointment (sh800,000 by 3 which amounts to sh2.4 million)
  2. Equivalent of one year’s pay in accordance with Section 29(1)C under remedies for wrongful dismissal and unfair termination in the Employment Act, 2007 (sh800,000 by 12 which amounts to sh9.9 million)
  3. One month salary for each completed year of service (six years) (sh800,000 by six which amounts to sh4.8 million).
  4. Pay for 24.5 days leave earned up to February 2016 and counting (sh653,333.35)
  5. Salary up to February 2016 and counting (sh800,000 by two which amounts to sh1.6 million and counting).
  6. Accrued employer pension contributions in accordance with the law and within the period prescribed by the regulation on retirement benefits.
  7. Compensation for damages to career based on the fact that at the time of the wrongful termination of his service, his monthly pay was sh800,000 and had legitimate expectation to work until retirement at 60 years. Before adjusting for promotion and annual increment, the total amount is (sh800,000 by 12 by 19 years which amounts to sh182,400,000. In addition, the amount claimable as annual increment calculates at 6 percent every year for the next 19 years is sh19,445,755.
  8. Compensation for lost pension earnings quantified at monthly emploter contributions and adjusted for annual salary increment of 6 percent (sh19,849,194).
  9. Interest at commercial rates on all the above from the date of filing the suit until payment in full.

In addition, Denis Galava wants Nation Media Group to pay the costs of the suit. He says in the affidavit that despite demand and notice to suit, NMG failed or ignored to respond.

Moreover, he wants a declaration that his employment services with NMG were terminated wrongfully, maliciously and unfairly.

The case has been filed by Kemboy & Company Advocates.


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