The proprietor of an IT company has been ordered to set aside Sh3.5 million, pending the determination of a suit in which he has been sued for illegal sacking.
Justice Joram Abuodha Wednesday directed Mr Tobias Otieno, the chief executive of CoreTEC Systems and Solutions Ltd, to deposit the money with the complainant’s lawyer within 14 days.
Mr Otieno has been sued by Godfrey Allan Tollo who was sacked in January 2018.
Mr Tollo moved to court saying that since his employment was terminated in 2018, he is yet to be paid his dues.
According to documents filed in court through lawyer Elkana Mogaka, Mr Tollo said the amount he is seeking is in excess of Sh9 million.
He said that Mr Otieno admitted owing him Sh6 million.
But he only paid him Sh2.56 million between January and June 2018.
Efforts to get the balance have not borne fruit, forcing him to move to court, Mr Tollo said through lawyer Mogaka.
The lawyer told the court that the company’s offices has been raided by officers from the Kenya Revenue Authority and most of its accounts frozen for failure to meet its tax obligations.
He said Mr Tollo was aware of the happenings having been a senior employee and a signatory to some of the accounts.
“That I do have reliable information from insiders at the respondent’s offices that they have been raided… and most of their accounts frozen for failure to meet their tax revenue obligations repeated times, a fact of which I was aware of in my capacity at the company,” Mr Tollo said in a sworn statement.
Mr Mogaka said that withholding of his client’s money amounts to discrimination and disregard of his outstanding performance when he worked for the company.
He said he has reliable information that the company was about to dispose of some of its assets in order to pay various creditors.
Mr Tollo pleaded with the court to issue conservatory orders preserving his and other employees’ interests, who may be in a similar predicament.
In January, another employee, Mr Godfrey Waiharo, obtained an order from the Employment and Labour Relations Court asking Mr Otieno to deposit Sh1.1 million to his lawyer’s account pending the determination of a case he had filed.