A former Telkom Kenya employee has told court that the consent made by lawyer Anthony Oluoch while representing him and other former employees who had sued the company over illegal retrenchment was forged.
Adrian Sanita wants the court to first set aside the purported consent by Oluoch terming it as fraudulent as it bares forged signatures.
In the petition, Sanita has sued sued his advocate who is also the current Mathare North MP Anthony Oluoch for unfair legal representation fees and fraud.
Adrian Sanita disputes the legal costs the advocate used to pay himself from the compensation which he together with other former employees was given after the court ruled that they were unfairly retrenched.
Sanita says that Oluoch deducted 30% from the amount as advocate’s fee, taxes yet there was a legal notice exempting taxes from the monies and auctioneers fees.
Telkom had paid the compensation into the advocate’s bank account and was to be disbursed to various individuals. The court further heard that the payments made by Oluoch varied greatly from one individual to another, yet they were all at the same level of employment and retrenched at the same time.
However, Counsel representing the MP said that the complaint is not in good faith since there is no any other person who has filed a complaint apart from Sanita.
“There was a valid consent duly signed by all the clients represented by Mr Oluoch in the matter. The payments were effected and discharge vouchers were signed by clients showing they received payments. They were even explained to how the deductions were made the advocate’s fee.” said Oluoch’s lawyer.
Through his lawyer, Sanita told court it is unfair for one to work for so long and fight court battle then an advocate gets half of the money.
Court had awarded the employees billions of shillings as compensation for the unfair retrenchment.
In another matter, other former employees of Telecom Kenya had sued their lawyers, Anthony Oluoch, Thomas Letangule, Silvia Malemba Gitonga and auctioneer Muganda Wasilwa after accusing them of withholding Sh1.3 billion awarded to them after being retrenched by telecom Kenya back in 2006.
The former employees wanted the court to freeze the accounts of the defendants pending the hearing and determination of the case to stop them from withdrawing or transferring the money.
They accused the four of refusing to remit the monies despite a consent entered on 15th December, 2015.
The former employees said the advocates messed up the process of disbursing the money and that the process had been characterized by discrepancies and non-disclosure of the true facts of the settlement amount.
Justice Byram Ongaya of employment and labor relations court will make a ruling on 27th April 2018 whether the said consent is fraudulent or not to set a ground for the case to proceed.
