Nairobi consultant sues Fawe over Sierra Leone accident

A consultant who was seriously injured by a motorcycle while fleeing from attackers during Sierra Leone civil strife has sued an international rights body.

Prof N’Dri Therese Assie-Lumumba of Cornel University, New York, is seeking more than Sh1.5 million in damages.

Prof Assie-Lumumba filed the case in the Employment and Labour Relations Court against the Forum for Africa Women Educationists (Fawe).

She says in the claim filed by lawyer Titus Koceyo that she was engaged by Fawe in its Nairobi office to carry out a mid-term review (MTR) on women matters in Freetown, Sierra Leone.

Besides the MTR, the international researcher and consultant was also required to attend Fawe’s general conference in New York.

The claimant has named Fawe as the respondent in the case filed at the Milimani High Courts in Nairobi.

Mr Koceyo says Fawe was to prepare the contract agreement for the Sierra Leone engagement "but contrary to the law, the claimant was asked to sign the agreement at the respondent's West Africa regional office based in Senegal to avoid paying tax due on consultation to the Kenya government".

The lawyer says no written agreement between the professor and Fawe was executed and performance thereof was based on oral agreement.

"The decision by Fawe to direct the claimant to sign a contract with the sub-regional office West Africa was in bad faith, illegal and unconscionable and was meant to defeat the cause of justice," Mr Koceyo says in the pleadings filed in court.

PROPER AGREEMENT

He says Prof Assie-Lumumba objected to the engagement but she, however, went ahead to carry out the consultancy "even though the contract was yet to be prepared and executed".
Fawe assured her that upon reaching Senegal the proper agreement would be ready.

She carried out the consultancy jointly with a Ms Kangbani Konate.

On July 19, 2011, Fawe sent her an email telling her that her consultancy would be under the same terms as regular employees. She was also told that her assignment would be covered by Chartis Insurance.

During the course of her duties, civil unrest erupted and while she was dashing to the airport “to catch a plane to move to a safer ground, she was hit by a speeding motorcycle and sustained serious injuries".

Mr Koceyo says the claimant was hospitalised and later discharged but she has recurrent pain that compels her to visit a physiotherapist three times a week.

As a result of the injuries, she incurred a medical bill of Sh1,549,543. There are other medical expenses from her continuing consultations, the lawyer says.

She has not been able to recover the medical expenses. She is now asking the labour court to enter a judgment against Fawe for the medical expenses.

She is also asking the court to award her compensation for future medical expenses since she is still undergoing treatment.