A security guard who was sacked by the Kenya Airports Authority (KAA) following an incident involving Cabinet Secretary Fred Matiang’i is claiming Sh40.9 million for wrongful and unfair dismissal.
In her amended memorandum of claim filed at the Nyeri Labour Court, Daizy Cherogony indicates that her dismissal was wrongful, illegal and an act that undermines the aviation industry's regulatory framework, Kenyan and international laws under which the State authority operates under.
Her employment was terminated on May 11, 2017 allegedly for mistreating and humiliating Dr Matiang’i by requiring him to queue for a security check like other passengers, which made him almost miss his flight.
Ms Cherogony, 37, was issued with a dismissal letter signed by KAA managing director Jonny Aderson on grounds of misconduct.
The CS was flying to Kisumu on the evening of April 5, 2017 and was accompanied by his security detail.
Through Matundura Advocates, Ms Cherogony wants the court to compel KAA compensate her Sh128,916 for payment in lieu of notice monthly salary, Sh1,547,001 for wrongful termination and Sh116,720 for unpaid salary increment as per the collective bargaining agreement.
She is also seeking a house allowance increment payment of Sh60,000, Sh43,137 for leave, Sh545,380 for unpaid holidays, Sh2,965,068 for punitive, exemplary and aggravated damages for loss of career prospects and Sh35,580,816 damages for loss of employment up to retirement age of 60 years.
Initially she wanted a Sh2.4 million compensation.
She also wants the court to rule that subjecting Dr Matiang’i to security screening did not amount to gross misconduct since it was part of normal procedure.
“The dismissal does not only affect her but also all security personnel at the airports in Kenya who may be reluctant to follow the law and security procedures when dealing with VIP travellers and their escorts for fear of losing their jobs,” argues Ms Cherogony.
She further contends that KAA’s move may expose the country’s security and the entire world to increased risk of attacks from extremist groups within and outside the country.
Ms Cherogony added that she was never shown any complaint letter written by Dr Matiang’i, saying the dismissal amounted to victimisation and discrimination by her former employer.
She indicated that she has previously been assaulted and intimidated by VIPs who usually want to access the airport without going through security checks.
“I have always stood my ground and performed job as per the security manuals and as required by both Kenyan and International law for the security of the travellers and the safety of all Kenyans,” she noted in her filing.