Eva Kathambi: Court Orders Safaricom To Pay Former Agent KSh 2.5m Over Voice Loss

• Safaricom PLC employed Eva Bessy Kathambi on May 5, 2008, when she was in good health condition
• Since she communicated with customers often and used headphones, she became ill and was diagnosed with vocal cord paralysis.
• She worked for the giant telecommunications company until 2012, when she was forced into retirement on medical grounds
• Justice James Rika of the Employment and Labour Relations Court in Nairobi noted the company caused her untold suffering

When Eva Bessy Kathambi was employed as an agent by Safaricom for four years, she spoke to customers on several occasions until she lost her voice.

Kathambi worked for the giant telecommunications company from 2008 to 2012 when she was forced into retirement on medical grounds.

However, she did not take the matter lightly and moved to court to sue the telco. Her file disappeared, but the court ordered it to be reconstructed in 2021.

The case was heard before the Employment and Labour Relations Court in Nairobi.

Court rules in Eva Kathambi's favour

On Tuesday, July 25, Justice James Rika ordered the telco to pay their former employee KSh 2.5 million, Daily Nation reported.

Justice Rika noted that Safaricom had caused her mental anguish and untold suffering, the Business and Human Rights Centre noted.

The company was also directed to issue Kathambi with a certificate of service and pay all the legal fees she incurred in court.

Eva Kathambi loses voice

According to the judge, the lady was employed on May 5, 2008, when she was in good health.

However, since she communicated with customers often and used headphones, she became ill and was diagnosed with vocal cord paralysis.

"She lost her voice. She was operated for thymus swelling in March 2011, but her voice did not improve. She had repeated throat endoscopy," Justice Rika stated.

She was moved to different departments before being sent home on October 9, 2012. Safaricom offered her KSh 717,000 in respect of another order.

Safaricom responsible for loss customer's money

In another case, Wilson Kafwa sued Safaricom over KSh 400,000 stolen from his M-Pesa, Mshwari and bank accounts after his SIM card was stolen.

He said that he reported the loss of his SIM card and got it blocked at Safaricom's Moi Avenue Customer Care Centre, but still, third parties managed to transact and steal his money.

The Milimani Small Claims Court Magistrate Velnah Mochache ruled that Safaricom was liable for the money lost after the client had his SIM card blocked.

Safaricom appealed the decision at the High Court, where the judge upheld the decision by Mochache and ordered the telco to pay the client the lost money and accumulated interests.