Sacked player sues KCB: Former defender Apindi files for Sh5.3 million compensation for unlawful dismissal

In a case that will shock club officials in the country, former KCB defender Joseph Apindi has filed a Sh5.3million compensation claim against the club.

The unprecedented move is expected to send shock waves in the industry especially if the player succeeds in his quest.

Apindi, who was laid off by the club in 2012 after he sustained an injury while taking part in a friendly match, filed the suit at the Industrial Court on September 29.

KCB group photo  March ,2014 .PHOTO:BONIFACE OKENDO

He is represented by Mulanya and Maondo Advocates, who have been seconded to him by the Kenya Players Welfare Association (KEFWA) who are also paying his legal fees.
In the suit papers obtained by Feverpitch, Apindi accuses KCB of unfairly and unlawfully terminating his contract in December 2012.

“In December 2012, without any notice, the respondent proceeded to terminate the claimant’s services in clear breach of the employment contract and provisions of the employment act 2007.

“This is in spite of the fact that at the time of the said termination, the claimant was injured and needed the assistance of the respondent to get better medical treatment,” Apindi says in the suit papers.

He further adds that the said injury was sustained on June 24, 2012, while playing in a friendly match sanctioned by the KCB coach and this rendered him unable to play and as a result his contract was unlawfully terminated by the club.

“The respondent had a contractual obligation to offer medical treatment to the claimant for any injuries sustained during the performance of the contract which they have refused and or ignored to offer and instead terminated the claimant’s employment contract unfairly without notice or paying his terminal dues.”
In tabulating his claim, Apindi says he wants to be paid thus: One month salary in lieu of notice (Sh25,000), damages for injuries suffered and the resultant loss of amenities quantified at (Sh5million) and compensation for unfair termination payable at 12 months salary (Sh300,000). The player claims he was entitled to a salary of Sh25,000 per month then.
In justifying the Sh5.3 million claim, Apindi through his lawyers argue that he is entitled to this amount for reasons that as a footballer he has lost an opportunity to earn any income and develop his career as a professional football player due to injury he sustained while at KCB.
“The claimant avers that due to the respondent’s irresponsible and inhuman acts, he has been unable to receive better treatment and to date still nurses the injury and he has completely failed to get money to pay for his treatment and prays that he is paid damages for loss of employment and loss of amenities.”
KCB FC has already filed a response to the suit as confirmed by a club official.

“We do not want to comment much on the matter as it is in court but want to confirm that we have filed a response,” said Ali Agil, the club vice-chairman.