By: GALGALO BOCHA
Some of the 300 sacked Kenya Ports Authority workers caught up in a forged certificates scam have gone to the High Court, challenging the termination of their employment.
The claimants, including 136 unionisable workers, have filed several cases before Justice Onesmus Makau.
Former assistant administration officer Fadhili Juma Kisua on Wednesay told the court that he was maliciously and unfairly dismissed from employment.
Mr Kisua wants to be reinstated in the same position he held and under the same terms pending the hearing and determination of the case.
Through lawyer Leonard Shikama, he also asked the court to issue a temporary injunction against KPA, stopping it from evicting him from the staff quarters, pending the hearing and determination of the suit.
FAKE ACADEMIC CERTIFICATES
He argued that he started working for KPA on August 8, 2008, and it was malicious and unfair to be dismissed on grounds of fake academic certificates.
He further stated that he started working on contract basis 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, I received a show-cause letter on 28 July 2015, requiring me to answer to allegations of presentation of forged documents.”
During a hearing on Wednesday, Mr Shikama told the court that his client was on annual leave when the letter was delivered to the head of his department.
He said his client was sacked on grounds that he did not respond to the letter.
Mr Shikama said his client would suffer prejudice should KPA make real its threat to evict him and his family from the staff quarters.
In its objection, KPA argued that a former employee had no right to be housed and offered housing allowance by his employer due to lack of employment relationship.
“This court lacks jurisdictions to handle matters of accommodation and housing since such dispute ought to have been raised with environment and lands court,” said lawyer Billy Kongere.
Justice Makau will deliver his ruling November 27.
SOURCE: DAILY NATION