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CONTRACT OF EMPLOYMENT

THE UNDERSIGNED:
Greenlight Planet Kenya Limited of P.O. Box 30739-00100 Nairobi, Kenya (“the
Employer”)
AND
Miriam Mwende Mutemi of P.O Box 77155-00100 and ID Number
____37345275____________ (“the Employee”)
DECLARE TO HAVE AGREED THE FOLLOWING

1 COMMENCEMENT AND DURATION OF EMPLOYMENT


1.1 Appointment
1.1.1 The Employer hereby offers, and the Employee hereby agrees to take up employment with
the Employer subject to the terms and conditions of this Contract.
1.2 Form, Commencement and Duration of Employment
1.2.1 This is a permanent contract effective 9th February 2024 and shall remain in force unless
terminated as provided in clause 2 & 3.2 of this Contract.
2 SCOPE OF WORK
2.1 Within the framework of this contract the Employee is employed as Customer Service
Executive and shall perform such duties as detailed in the job description of this position,
provided the Employer reserves the right to change the position of the Employee and the
duties to be performed as the contingencies of work may demand.
2.2 The employer undertakes to draft the above-said job description in accordance with the
position specification.
2.3 The Employee herein warrants and represents that she will work closely with the Operations
and Sales teams to serve existing and potential customers by providing product and service
information while resolving product issues effectively.
2.4 The Employee is accountable for the execution of her duties and will report to the Customer
Service Manager who will be their immediate boss.
2.5 The employee’s normal place of work will be Nairobi, provided that the employer reserves the
rights to change this to any place within area of work
2.6 The Employer may second the Employee to any Company or business outfit affiliated to the
Employer elsewhere in the world and the Employee agrees to comply with such a
secondment unless the Employee for reasons to be explained to the satisfaction of the
Employer shows cause why he cannot comply with the requirement of such a secondment.
3 CONDITIONS OF EMPLOYMENT
3.1 Working Hours
3.1.1 The normal working hours shall consist forty-five (45) hours of work, six (6) days a week.
The working hours shall be as follows:
3.1.1.1 Eight (8) hours Monday to Friday with a one-hour lunch break in between; 3.1.1.2 Five (5)
hours on Saturdays or five (5) hours on Sundays for those who do not work on Saturday.
3.1.2 During the said working hours the employee will need to be present at workstation or field.
3.1.3 In addition to the above the Employee shall be available at the Employer’s office or any
other location as may be communicated at the time of and during any specific requirement being
worked upon by the employer or his or her agent.
3.2 Termination of the Contract
3.2.1 This contract may be terminated by either party giving to the other one month’s notice of the
intention to terminate the Contract or paying one month’s salary in lieu of notice. This is
without prejudice to the Employer’s right to terminate the Contract summarily for the
following on lawful cause:
3.2.1.1 the Employee commits a fundamental breach of her obligations under the Contract of
service;
3.2.1.2 during working hours, by becoming or being intoxicated, an employee renders herself
unwilling or incapable to perform her work properly;
3.2.1.3 without leave or other lawful cause, the Employee absents herself from the place
appointed for the performance of work;
3.2.1.4 the Employee willfully neglects to perform any work which it was her duty to perform, or
if she carelessly and improperly performs any work which from its nature was her duty,
under this Contract, to have performed carefully and properly;
3.2.1.5 the Employee uses abusive or insulting language, or behaves in a manner that is
insulting to the Employer or to a person placed in authority over her by the Employer; 3.2.1.6 the
Employee knowingly fails, or refuses, to obey a lawful and proper command which it was within
the scope of her duty to obey, issued by the Employer or a person placed in authority over him
by the Employer;
3.2.1.7 in the lawful exercise of any power of arrest given or under any written law, the
Employee is arrested for a cognisable offence punishable by imprisonment and is not
within 14 days either released on bail, bond or otherwise lawfully set at liberty; or
3.2.1.8 the Employee commits, or on reasonable and sufficient grounds is suspected of having
committed, a criminal offence against or to the substantial detriment of the Employer
or the Employer’s property.
3.2.2 Notwithstanding 3.2.1 above, this Contract will be terminated automatically on the first day of
the month in which the employee reaches her retirement age of 60 years. 3.2.3 Protracted illness:
The Employer may at its discretion terminate this Contract forthwith and without notice if the
Employee is incapacitated by ill-health, or otherwise from performing his duties for more than 13
consecutive weeks or for periods totaling more than 90 days in any 52 consecutive weeks.
3.3 Salary and Supplements
3.3.1 The Employee shall be paid a consolidated salary of KES 37,100.00 payable in arrears at
the end of each month. This includes an element intended for use as rent.
3.3.2 The Gross salary has been structured into fixed & variable pay subject to the provisions of
the company variable pay scheme. The variable pay will be based on quantitative and
qualitative performance.
3.3.3 The Gross monthly salary paid to the Employee shall be subject to the applicable statutory
deductions including but not limited to Pay As You Earn (PAYE) tax, National Social
Security Fund (NSSF) and National Hospital Insurance Fund (NHIF) contributions.
3.3.4 The gross monthly salary may be reviewed from time to time based on the Employee’s
performance and Company results at the discretion of the Employer.
3.3.5 The consolidated salary shall be paid on or before 25th of the month. 3.3.6 The business
travel and telecommunication expenses of the Employee will be governed as per the company
policy.
3.3.7 Overtime shall be paid at the rates of one- and one-half-time hourly rate on weekdays and
Saturdays, and at the rate of twice the basic hourly rate on public holidays or a day off as
the company may deem fit.
3.3.8 Further, where the employee would be required to work on normal rest day, he/she shall be
entitled to payment at double wage rate in addition to their normal wage.
3.4 Deductions From Wages
3.4.1 The Employer reserves the right and the Employee irrevocably authorises the Employer, at
any time during the Employee’s employment, or in any event upon termination, to deduct
from the Employee’s wages/salary and/or any other monies due to the Employee, an
amount equivalent to any of the following:
3.4.1.1 any overpayment of wages, salary, remuneration or other payment made to the
Employee during the course of this employment;
3.4.1.2 the amount of any expenses claimed by the Employee and paid but subsequently
disallowed by the Employer;
3.4.1.3 an amount equal to the amount of any shortage of money arising through the negligence
or dishonesty of the employee whose contract of service provides specifically for his
being entrusted with the receipt, custody and payment of money;
3.4.1.4 any amount the deduction of which is authorised by any written law for the time being in
force, collective agreement, wage determination, court order or arbitration award; 3.4.1.5 an
amount due and payable by the employee under and in accordance with the terms of an
agreement in writing, by way of repayment or part repayment of a loan of money made to him by
the employer, not exceeding fifty percent of the wages payable to that employee after the
deduction of all such other amounts as may be due from him under this section.
3.4.1.6 the outstanding amount of any loan or advance made by the Employer to the Employee;
and; any cost of repairing any damage to or loss of property of, any fines or charges
imposed upon, or any other loss sustained by the Employer or any third party, caused
by the Employee’s breach of contract or breach of the Employer’s rules or as a result
of the Employee’s negligence or dishonesty.
3.4.2 Notwithstanding the provisions of any other written law, the total amount of all deductions
which under the provisions of subsection (6. 1), made at any one time shall not exceed
two-thirds of monthly gross pay.
3.5 Leave Entitlement
3.5.1 The Employee shall be entitled to 21 working days of leave with full pay after every 12
consecutive months of service.
3.5.2 Where the Employee’s services are terminated after two months during any leave earning
period the Employee will be entitled to payment in lieu of leave days earned on a pro-rata
basis.
3.5.3 The employee shall be entitled to at least two uninterrupted working weeks on condition that
the length of service of an employee during any leave earning period as indicated in clause
4.5.1 entitles the employee to such period.
3.5.4 The employee shall be entitled to maternity leave as per company policy with full pay.
However, such entitlements, shall only apply upon giving seven days’ notice in advance or
shorter period as may be reasonable in the circumstance in writing.
3.5.5 The Employee will be entitled to a maximum of 30 days’ sick leave with full pay and thereafter
a maximum of 30 days at half pay in each period of 12 months’ consecutive employment. 3.5.6 The
employee must undertake to communicate to his department and Human Resources as early as
possible on the first day of absence.
3.5.7 Granting sick leave is conditional upon production of a certificate of incapacity signed by a
doctor covering the period of sick leave claimed.
3.6 Public Holidays
3.6.1 The employee shall be entitled to public holidays on full pay as maybe determined by law.
Such public holidays shall be explicitly communicated by the Human Resources. 3.6.2 The
employer shall reserve the right to pay in lieu of public holidays worked or compensate by way of
giving a day off.
3.6.3 In instances where the employer shall pay in lieu, such worked hours shall be pro-rated and
paid at double normal basic rate.
3.7 Medical Cover
3.7.1 The Employee will be placed on the Employer’s medical scheme. Details of the scheme can
be obtained from the HR Manager.
3.7.2 The medical scheme covers the Employee, 1 spouse (defined as the first legal marriage
partner) and up to 2 children under the age of 18 years, or 23 years if they are in full time
education.
3.7.3 The cover shall include both inpatient and outpatient benefits with accident hospitalization and
illness hospitalization cover for each member.
3.8 Pension
3.8.1 The Employee may, after the completion of probation, opt to join and remain during the
continuance of his/her employment a member of the Employer’s pension scheme, as
appropriate from time to time to employees of his/her category.
3.8.2 Further details of the pension scheme shall be supplied by the Human Resources.
3.9 Group Personal Accident Scheme
3.9.1 All Employees on open ended contracts shall be covered under the Employer’s group
personal accident scheme.
3.9.2 The benefits under this scheme shall vary depending on the grade of the Employee and are
constantly being reassessed in light of inflation.
3.9.3 Details of the scheme are available from the HR Manager.
4 RESTRICTED ACTIVITIES.
4.1 During the Term and for a period of one (1) year thereafter, the Employee will not, directly or
indirectly:
4.1.1 solicit or request any employee of or consultant to the Employer to leave the employment of or
cease consulting for the Employer.
4.1.2 solicit or request any employee of or consultant to the Employer to join the employment of, or
begin consulting for, any individual or entity that research, develops, markets or sells products
and services that compete with those of the Employer.
4.1.3 solicit or request any individual or entity that researches, develops, markets or sells products
and services that compete with those of the Employer, to employ or retain as a consultant any
employee or consultant of the Employer; or
4.1.4 induce or attempt to induce any supplier or vendor of the Employer to terminate or breach any
written or oral agreement or understanding with the Employer.
4.2 Secondary activities/remuneration by third parties
4.2.1 The Employee is obliged to promptly notify the Employer in writing of any secondary activities
whether remunerated or not insofar as these activities are performed in connection with his
position during his employment.
4.2.2 Prior written permission of the Employer is required if such secondary activities could affect the
interests of the Employer or any of its affiliates in any way.
4.2.3 The Employee shall not accept any moneys or other reward from third parties in connection
with the performance of his duties for the Employer and/or companies affiliated to the
company.
5 NON DISCLOSURE AND CONFIDENTIALITY.
5.1 Confidential Information
5.1.1 The Employee shall, at all times during the Term and after its termination, not divulge, share,
disseminate and/or disclose to any person any correspondence, information, documents or
data related to the Employer and other related proprietary information, and/or any information
(whether orally or in writing and whether or not such information is expressly stated to be
confidential and or marked as such) pertaining to the Employer’s business affairs which may
or otherwise disclose herein under or which may have come to its knowledge or was acquired
by the Employer in pursuance to dealing or transaction as contemplated herein under this
Agreement.
5.1.2 At any time, upon the Employer’s request or instruction (either in written or otherwise), the
Employee shall promptly return and/or cause destruction (as sought) all written Confidential
Information without retaining copies thereof.
5.1.3 Notwithstanding the foregoing, the term “Confidential Information” shall not include any
information which:
5.1.3.1 can be demonstrated to have been in the public domain or was publicly known or available
prior to the date of the disclosure to the Employee;
5.1.3.2 can be demonstrated in writing to have been rightfully in the possession of the Employee
prior to the disclosure of such information to the Employee by the Employer
5.1.3.3 becomes part of the public domain or publicly known or available by publication or
otherwise, not due to any unauthorized act or omission on the part of the Employee; or 5.1.3.4 is
supplied to the Employee by a third party without binder of secrecy, so long as that such third party
has no obligation to the Employer or any of its affiliated companies to maintain such information in
confidence.
5.1.4 Non-Disclosure to Third Parties.
5.1.4.1 Except as required by the Employee’s scope of work, the Employee shall not, at any time
now or in the future, directly or indirectly, use, publish, disseminate or otherwise disclose
any Confidential Information, to any third party without the prior written consent of the
Employer which consent may be denied in each instance and all the same, together with
publication rights, shall belong exclusively to the Employer.
6 PROPERTY
6.1 The Employee acknowledges that all files, customer records, lists, books, records, literature,
software, products and work products developed by the Employee in the course of his/her
employment with the Employer, and other materials owned by the Employer or used by the
Employer in connection with the conduct of business by the Employer shall at all times remain
the sole property of the Employer.
6.2 The Employee agrees that upon request and upon termination of the Employee’s employment
hereunder, howsoever arising, the Employee shall surrender to the Employer all such files,
customer records, lists, books, records, literature, products, software, work products, and any
copies thereof and all other property belonging to the Employer.
7 GRATUITIES
7.1 The Employee must immediately report in writing to [Responsible Manager] any offer by
customers, suppliers, distributors and other such persons having a similar connection with the
Employer, whether actual or prospective, any offer of gifts or services.
7.2 The Employee must not accept or agree to accept such offers without the prior written
agreement of the Human Resources.
7.3 This applies to any gifts or services offered directly or indirectly from any person firm or
company with whom the Employer conducts business or may conduct business.
8 OTHER EMPLOYMENT
8.1 The Employee must devote the whole of his/her time, attention and abilities during his/her hours
of work to his/her duties for the Employer.
8.2 The employee may not, under any circumstance, whether directly or indirectly, undertake any
other duties during his/her hours of work under this employment.
8.3 The Employee may not, without the prior written consent of the Employer (which will not be
unreasonably withheld) outside his/her hours of work with the Employer work for, advise or in
any other way assist, whether directly or indirectly, any business or employment which is
similar to or in any way connected or in competition with the business of Employer or which
could or might reasonably be considered to impair the Employee’s ability to act all times in the
best interests of the Employer.
9 COMPANY POLICIES, RULES, REGULATIONS & PROCEDURES
9.1 The Company has adopted a set of policies, rules, regulations and procedures to ensure high
standards of conduct, performance and service, a copy of which is available from Human
Resources.
9.2 The Employee is required to read the Company policies, rules, regulations and procedures and
take all necessary steps to ensure that they are properly observed.
9.3 Failure to adhere to Company rules will result in disciplinary action, which may include dismissal,
in accordance with the Company’s Discipline Procedure.
10 GENERAL PROVISIONS
10.1 The Employer reserves the right to vary the terms of employment contained in this Agreement.
10.2 The Employer will notify the Employee in writing within one month of such variation. 10.3 This
statement replaces all of the Employee’s previous terms and conditions of employment with the
Employer.
11 FINAL PROVISIONS
11.1 This agreement is governed by and in accordance with the laws of Kenya. All disputes arising
from this agreement will be handled using the appropriate legal proceedings. 11.2 The
aforementioned represents a complete rendition of the agreements reached between the parties and
replaces all previous agreements between the Employee and the (affiliated organisations of the)
Employer and/or agreements and undertakings reached with companies affiliated to the Employer.
11.3 The provisions to this Contract of employment may only be varied by agreement in writing
signed by the Employee and the Employer.
ACCEPTANCE OF TERMS OF EMPLOYMENT
We shall be grateful if you will confirm, as soon as possible, and no later than seven days from the
date of this letter, your acceptance of this contract by signing in the space provided below and
returning to us one copy of this Contract of employment.
We will be pleased to answer any questions or clarify any points which will help you to make your
decision.
We hope that you will decide to join us and look forward to hearing from you soon. IN
WITNESSES WHISEOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT, IN
DUPLICATE IN NAIROBI, KENYA ON 9TH FEBRUARY 2024.

On behalf of
Greenlight Planet Kenya Limited
Signature Signature________________ Name: Leah Njoroge Name: Lydia
Waceke Senior HR Business Partner Associate HR Business Partner

Employee

Signature Witness:
Name: Miriam Mwende Mutemi Name: Daniel Muinde

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