Kenya: Court Upholds Sacking of Guard Who Made Matiang'i Queue

18 February 2020

A security officer at the Jomo Kenyatta International Airport who was sacked for being disrespectful to Cabinet Secretary Fred Matiang'i has suffered a blow after her case was dismissed by the court.

Justice Nzioki wa Makau dismissed Ms Daizy Cherogony's case, saying the improper handling of Dr Matiang'i, then Education CS, was a sufficient reason for the Kenya Airports Authority to initiate disciplinary action against her.

"She was heard in terms of Section 41 and her rights under Article 41(1) safeguarded. Since there was cause for the dismissal and basis for a summary dismissal on account of gross misconduct, the suit is only fit for dismissal," the Judge said.

Ms Cherogony had sued KAA, arguing that her sacking was unlawful. She said she was victimised by her former employer and wanted to be paid Sh2.4 million for the sack.

She said that on the fateful day, April 5, 2017, passengers were shouting when she noticed Dr Matiang'i whom she asked to queue for a security check.

She argued that she did not violate any of the KAA's regulations and procedures.

But KAA said the sacking was justified since, as an employee, she was required to be disciplined, respectful and courteous to clients. But her actions caused a delay in departure of the flight by 32 minutes.

She did not have any plausible explanation, the KAA said.

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