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ELRCDismissedNot stated in excerpt· [2020] KEELRC 1664 (KLR)

Daizy Cherogony v Kenya Airports Authority [2020] KEELRC 1664 (KLR)

Employment and Labour Relations Court
13 February 2020
NMNzioki wa Makau
4,183 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court upheld the summary dismissal of an airport security supervisor for rudely handling a Cabinet Secretary, and made her pay costs for filing in the wrong court.

What this practically means

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Executive summary

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The Claimant, formerly employed by the Respondent as a Security Supervisor at Jomo Kenyatta International Airport, sued for wrongful summary dismissal arising from an incident of 5th April 2017 in which she allegedly mistreated the Education Cabinet Secretary, Dr. Fred Matiang'i, by requiring him to queue for security screening, delaying his flight by 32 minutes. She sought declarations of unlawful dismissal and violation of Article 41(1), reinstatement, notice pay, 12 months' compensation, CBA arrears, leave and holiday pay, and damages exceeding Kshs. 40 million. The Respondent maintained the dismissal was for gross misconduct, substantively and procedurally fair, and that CCTV footage showed the Claimant ignoring the Cabinet Secretary and later lying about having seen him. The court played the CCTV footage, found that although it was not improper to require a Cabinet Secretary to undergo screening like other passengers absent prior protocol arrangements, the Claimant's discourteous and disregarding treatment of the passenger breached the employment contract and the Respondent's client-handling policies. The court held there was a valid reason under Sections 43 and 45 of the Employment Act for disciplinary action and summary dismissal, and that the process complied with Section 41, safeguarding the Claimant's rights. The suit was dismissed, and, exceptionally, the Claimant was ordered to pay costs because she filed the suit in Nyeri rather than Nairobi, where JKIA is located. Judgment delivered at Nyeri on 13th February 2020 by Nzioki wa Makau, Judge.

Key legal issues

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01

Validity of reason for summary dismissal

Holding

The reason (mistreatment/discourteous handling of a passenger) was valid and genuine, sufficient for disciplinary action and summary dismissal for gross misconduct.

Reasoning

The CCTV footage showed the Claimant disregarding the Cabinet Secretary and beckoning other passengers. Though requiring the CS to queue was not itself improper, the discourteous manner breached the employment contract and the employer's client-handling policies. Under Sections 43 and 45 of the Employment Act the employer had to demonstrate valid and genuine reasons, which it did.

p. 4
02

Procedural fairness of the dismissal

Holding

The procedure was fair; the Claimant was heard as required by Section 41 of the Employment Act and her Article 41(1) rights were safeguarded.

Reasoning

The Claimant was issued a notice to show cause, responded to it, was invited to and attended a disciplinary hearing, was shown the CCTV footage, and was given an opportunity to defend herself with a fellow employee. The disciplinary committee considered her explanations before recommending dismissal.

p. 4

Legal principles established

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  • It was not improper to require a Cabinet Secretary to undergo security screening like other passengers absent prior arrangements; but employees must treat all clients with courtesy and decorum, and breach of that duty through mistreatment of a client constitutes gross misconduct justifying summary dismissal after a fair hearing.

Court orders

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  1. 1.Suit dismissed
  2. 2.Claimant held liable for costs of the suit

Authorities

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Legislation

  • Employment ActSections 41, 43, 45(2), 47(5)
  • Constitution of KenyaArticles 28, 41(1), 47(1)
  • Civil Aviation (Security) RegulationsRegulation 66

Cases cited (4)

  • Muthaiga Country Club v Kudheiha Workers
    [2017] eKLR
  • Parliamentary Service Commission v Christine Mwambua
    [2018] eKLR
  • Mohammed Khamis Hemed v Almasi Beverages Limited
    [2019] eKLR
  • Joseph Njoroge Mugenda v Kenya Bureau of Standards
    [2018] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over wrongful dismissal claim (Employment Act); not expressly cited in excerpt

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Daizy Cherogony v Kenya Airports Authority [2020] KEELRC 1664 (KLR)", Case Analysis (2020). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1664/eng@2020-02-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.