This archive report was first published on 25 June 2020.
On June 10, 2020, the Kitui Labour Office summoned the leadership of the Seventh Day Adventist Church, which sponsors Wakwaito FM, to answer to allegations of unfair dismissal.
However, the church failed to honour the summons, prompting the Labour Office to issue a second summons on June 23, 2020, which was served to the church's leadership.
The sacked employees, Muthui Musyoka, James Mungai, Faith Mue, and Prisca Kiyengo, filed a case with the Kitui Labour Office, accusing the church of firing them to retain pastors who carry long broadcasts lasting up to seven hours.
According to the Constitution, an employer is expected to give notice before terminating a contract without which, the staffer must be paid salary equivalent to the duration the notice would have covered.
Section 36 of the Employment Act 2012 states, "Either of the parties to a contract of service to which section 35(5) applies, may terminate the contract without notice upon payment to the other party of the remuneration which would have been earned by that other party, or paid by him as the case may be in respect of the period of notice required to be given under the corresponding provisions of that section."
The sacked employees also alleged that the human resource department of the station informed them that their severance package would be at the employer's discretion, a decision they decried contravened the requirements of the Constitution.
Wakwaito FM broadcasts in both Kamba and Kiswahili and covers the three counties in Ukambani.
