Former KPA workers sue over sackings

Some of the 300 workers sacked by the Kenya Ports Authority (KPA) for allegedly forging academic certificates have moved to the High Court challenging their dismissal.

The claimants, including 136 unionsable workers, have filed several cases before Mombasa Industrial Court Judge Onesmus Makau who started hearing the case Tuesday beginning with that of a sacked senior manager.

Former assistant administration officer Fadhili Juma Kisua Tuesday told the court that he was maliciously and unfairly dismissed from employment.

Through lawyer Leonard Shikama, Mr Kisua who filed the case under a certificate of urgency sought orders, among them reinstatement to the same position under the same terms, pending hearing and determination of the case.

Injunction

He also asked the court to issue a temporary injunction against KPA, its employees, servants or agents from evicting or interfering with his occupation of the staff quarters pending hearing and determination of the suit.

Mr Kisua argued that he has been an employee of KPA since August 8, 2008 and that it was malicious and unfair to be dismissed on grounds of purported fake academic certificates.

He said he was first hired on contract and was later employed on permanent and pensionable terms in 2014 at a salary of Sh108,000.

“I performed my duties well and diligently over the years. To my utter shock and dismay I received a show cause letter dated July 28, 2015 requiring me to answer to allegation of presentation of forged documents,” he stated.

KPA, however, told the court through lawyer Billy Kongere that the claimant had no ground to challenge his sacking, arguing that due procedure and law was followed in the process.

Justice Makau will deliver his ruling on November 27.

SOURCE: BUSINESS DAILY