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Two former staffs of the Kenyan embassy in the United States have accused ambassador Robinson Njeru Githae of wrongful dismissal.
In a letter to Foreign Affairs Principal Secretary ambassador Macharia Kamau, Jafred Musamba and Joseph Asweto claim that Githae sent them home before their two-year contracts expired.
The two want Kenya's ministry of Foreign Affairs to intercede so they can resume their duties at the consulate. In termination letters dated August 24th, 2018 the Kenyan embassy in Washington, DC said it dismissed the two after they attained retirement age, reports Daily Nations' Chris Wamalwa..
“Records held in this office indicate that you attained the retirement age of 60 years on January 1, 2015. In accordance with Section D.21 of the Human Resources Policies and the Procedures Manual for the Public Service and Local Staff Regulations, one is required to retire from the service on attainment of the retirement age,” the letters read as quoted by Daily Nation.
Although they admitted to reaching age 60, the two argue that they had not reached retirement age, which they claim is 65. Retirement age for Kenyan civil servants is put at 60 and the two appear to be using the US retirement requirement age of 65.
“In any case, our contracts bear no clause stating the retirement age. The embassy has therefore violated the two-year contracts which expire in October, 2019, by summarily firing us as if we had committed a criminal offence."
Musamba and Asweto, who were recruited locally (in the US), further noted that ambassador Githae relied on civil service policy manuals to retire them yet they were not listed as civil servants.
Githae defended the move noting that the embassy didn't breach any contractual agreements with the two.
“The truth is that the people we let go, including the two gentlemen, were supposed to have retired a long time ago. In fact, Mr Asweto came here after retiring from the civil service at home so he should be enjoying his retirement benefits," he said when contacted for a comment.
The envoy also disclosed that the US State Department recently released a memo requiring all embassies and commissions accredited to the US not to employ locals for over five years.
“As you may already know, apart from attaining the retirement age, the two gentlemen were also the longest serving. It was only fair to start from the top down," Githae told Chris Wamalwa.
Ambassador Githae has also dismissed claims that he is planning to replace the two with his relatives. “If you go to our website, you will see their positions advertised. We will conduct a fair and open recruitment process for these positions,” he said.
The two have sought ministry's intervention before pursuing other routes.
“First of all, we are appealing to the ministry headquarters to intervene before it goes that far. Secondly, we need to be heard, especially by the ministry headquarters, which should come to our rescue because we did not deserve this. Even if it was a normal retirement, there’s always a notice to retire in a year. This was not followed,” Asweto said.
The complainants had worked at the Kenyan embassy in Washington, DC for more than two decades.
Musamba said: “My prayer is that the ministry will look into this matter and offer us a possible life line to allow us to retire honourably. I also pray that the ministry will find a way to harmonise the terms of locally engaged staff at the Kenya mission to the UN, the embassy in Washington, DC and the consulate in Los Angeles to prevent similar cases."
Comments
Age Discrimination
What a world we are living in. Indeed Ambassador Githae has his mind upside down.He was brought here as the father of the Kenyans in the diaspora, work with and protect them from all odds, but he has acted as one that came to kill them, throwing them to the enemy. People who have served the embassy for the decades as he alleges, could he send them out like dogs. Even at home in Kenya, people/employees are retired in style, prepared long before hand and their colleagues too. Those succeeding them in most cases come in before for a smooth handover from their predecessors. A party is held and people appreciated for their services.
Where did the Ambassador pick his style, what has he done to the staff in the office, and replacing them with spouses to the Diplomatic staff?? Githae explain.
What a world we are living in. Indeed Ambassador Githae has his mind upside down.He was brought here as the father of the Kenyans in the diaspora, work with and protect them from all odds, but he has acted as one that came to kill them, throwing them to the enemy. People who have served the embassy for the decades as he alleges, could he send them out like dogs. Even at home in Kenya, people/employees are retired in style, prepared long before hand and their colleagues too. Those succeeding them in most cases come in before for a smooth handover from their predecessors. A party is held and people appreciated for their services.
Where did the Ambassador pick his style, what has he done to the staff in the office, and replacing them with spouses to the Diplomatic staff?? Githae explain.
Well, good riddance. If only the service given were anything but the horrific... who wants to go to an office where staff are rude, full of themselves and condescending? Waende..... might be a chance for culture-change in this office.
Wacheni hiyo yote-Githae says we start from top going down.From top-Githae should start.He was born in 1957.He is 61.He can not retire others na ata ajikumbuki.GITHAE AENDE KABISA.
😂😂😂 Surely how can the guy forget himself. Maundu Maya haiya.
These Old gentlemen need to go home retired, after working for 2 decades and still complaining after retiring in kenya then come to tap from States?? How about the other person who has all credidentials but no job?? You 2 have raised ur kids now let someone else use this position to raise his/ her kids please, wacheni tamaaaa mingi. Ambassador good job but hire young people please. Wazee wamelea ya kutosha
Mr. Githae it’s time you should treat people with appreciation and dignity. Just because of your position you think you should harass people who work with you? Don’t you know life is temporary? If you can’t take care of the people working with you how can you take care of the diaspora in the USA and Mexico? The people you have retired should have finished their contract next year and retired with dignity. How do you expect them to eat and pay their bills if you chase them like dogs. Why not emulate the good service brought by Ambassador Ogego who respected and valued his staff. You don’t respect your staff members otherwise this incident could not have happened. Local staff in Embassy of Kenya in DC should wake up and fight for their rights.
Githae himself is not a young man.He should tender in his retirement.But What i do know is that most ambassadors who are non career diplomats end up firing local staff who dont belong to their tribe.No benefits, nothing, you are just dismissed on the whims of a character from Kenya.All these former staff should sue the embassy for benefits and the embassy)kenya Govt) should respect job security.It is a very sad state of tribalism affairs.
Kikuyus in Diaspora are fools not to defend their own, If ni the Governor is a Luo sisi wote tungewatukana hawa wakale from Kansas ambao wanajaribu kumchafulia Good Governor Githaes name mpaka wa back off.
FYI
An Ambassador is an appointee of the President and serves at behest of Uhuru but the fools complaining above applied for the Job to mwananchi through the Kenya Embassy site for this position and were given 3 year contract which has already expired.
This is a game of Mr Hustler using his pple to paint Kikuyus dirty so that his people can be appointed to the position.
Embassy is reading the regulations upside down. In US, 65 (actually 62) years is when you can tap to your retirement benefits. You can work as long as you want. In Kenya, 60 (and some 55) years is when employees start collecting retirement benefits, but one can still continue working as long as they want. Contract employees are not civil service employees. In any case, the embassy could have let them work for the duration of their contract, or buy them out, if that was more beneficial to the embassy. So far, I have not read a law or regulation that stops one from working at any age. I have seen 90-year hard working people, and they are not violating any labor law.