In 2017, Margaret Amango Jumba’s life took a painful turn. After seven years of dedicated service as a house help to Ms. Julie Ondeyo, her employment was abruptly and unfairly terminated not through a formal discussion or proper notice, but via a cold and impersonal text message. Ms. Ondeyo had also promised to pay Margaret her terminal dues, a promise she never fulfilled. As for Margaret, this was not just the loss of a job, it was a violation of her dignity and rights.
With nowhere else to turn to, Margaret confided to a friend who told her about Kituo cha Sheria – Legal Advice Centre, a beacon of hope for many workers in Kenya’s informal sector. She visited Kituo’s offices and met the then Legal Officer, Mr. John Mwariri, who listened to her story with empathy and resolve. After thorough screening, Kituo took up her case and immediately sent a demand letter to Ms. Ondeyo. Unfortunately, the letter was ignored. Follow-up efforts were met with silence. When Kituo attempted to serve Ms. Ondeyo personally, she allegedly used her staff to intimidate both Margaret and the organization’s officers.
Determined to seek justice, Kituo cha Sheria filed a case on Margaret’s behalf at the Employment and Labour Relations Court (ELRC), Milimani, under case number ELRC/1001/2017. Despite being duly served and receiving legal notices, Ms. Ondeyo consistently failed to respond or appear in Court.
On 28th February 2024, after years of perseverance, Hon. Justice Dr. Jacob Gakeri delivered a judgment in favor of Margaret Amango Jumba. The court awarded her Kshs. 300,000 for unfair termination and unpaid dues. However, even after this decisive ruling, Ms. Ondeyo refused to accept service of the court judgment and failed to comply with the order.
In response, the court issued a warrant of arrest against her. To enforce the ruling, Kituo cha Sheria hired a private investigator to trace Ms. Ondeyo’s whereabouts and locate her place of work. It was through this intervention that she was finally served. Faced with mounting legal pressure, Ms. Ondeyo eventually complied and made the full payment.
Margaret expressed deep gratitude to Kituo cha Sheria for standing by her throughout the ordeal. She shared that, through this journey, she has been legally empowered and had a better understanding of her rights and the courage to stand up for them. What began as a painful injustice has transformed into a powerful story of resilience and triumph.
This case is not just a personal victory, it is a win for all domestic workers, vulnerable employees, and every Kenyan who believes in the promise of the Constitution and the power of fair labour practices. Margaret’s story is a testament to the importance of accessible legal aid and the relentless pursuit of justice.
Written by; Rony Alal