Kenyan player Kevin Mungai Kimani has moved to FIFA’s Despite Resolution Chamber demanding compensation amounting to $43,770 from Jomo Cosmos for “illegal” termination of his contract and mistreatment.
The 27-year-old former KPL most valuable player also wants 5% interest on all outstanding dues and a two-window transfer ban to be imposed on Jomo Cosmos.
Through his lawyer Elvis Majani, the winger in a detailed letter to RDC dated 22nd September as seen by Soka25east.com is accusing the South Africa’s second tier league side of among others; unfair treatment by withholding his salary for refusing to engage in rituals against his beliefs and unilateral termination of his contract.
“The claimant has been unfairly treated by the respondent by punishing him for his beliefs and refusing to engage in the rituals by refusing and/or delaying to pay him his salary for the month of May and thus causing him to be kicked out of his rented apartment. Further due to the nonpayment, the claimant was unable to provide for himself and his family, in particular pay the hospital bill during his wife delivery.” The letter read in part.
“Finally the respondent being angry and intending to punish the claimant for his refusal to engage in ritual, unilaterally terminated the employment contract by cancelling the ITC request and thus rendering the claimant unemployed. During the said cancellation of the ITC, the respondent uploaded misrepresenting information that the two parties had mutually agreed to terminate the contract. The respondent did not upload any document to prove the said mutual agreement to terminate the contract.”
Kimani signed a 15-month contract with the Jomo Sono’s owned club from former Kenyan Premier League champions Tusker FC on 1st April 2016 – a deal which guaranteed him a monthly salary of $2,918 and a signing bonus of a similar amount.
However, according to the player his troubles started on 29th April when club officials summoned them to the training ground at 8PM local time only for them to be driven in the team bus to a dark forest where a witch doctor was supposed to perform rituals on them; having refused due to his Christian beliefs, the management was angered and refused to pay his May salary.
They subsequently cancelled his pending ITC request without his consent, while wrongly stating that they had parted ways mutually.
Kimani went the legal route after the club refused to own up and agree to an amicable settlement devoid of the long tussle despite his advocate Majani writing to them twice on 13th May and 2nd August calling to their attention to the said breach of contract.
@bonfaceosano
