A judge has declined to reinstate a former Kenya Tea Development Agency Holdings Ltd general manager who was sacked last year.
Justice Anna Ngibuini Mwaure rejected the application by Guyo Godana, who was the operations GM at KTDA, saying it was not clear whether the position has been filled.
The Employment and Labour court also declined to issue an order stopping the company from recruiting Mr Godana’s replacement.
“I am unable to grant these prayers at this point as the court is not seized of the accurate position whether the applicant has already left employment and whether another individual has been recruited to the position,” the judge said.
Mr Godana went to court in September last year, seeking temporary orders to stop the company from recruiting a new general manager.
The former GM was fired last year and taken through a disciplinary hearing but he challenged the process, arguing the company invented its own disciplinary rules.
He faulted the process, claiming to have appeared before the board of directors for both the disciplinary hearing and subsequent appeal, in violation of his right to a fair hearing and fair administrative action.
Mr Godana said he has worked at KTDA for 26 years and securing an alternative job at the same level would be difficult.
Mr Godana said he was subjected to an unlawful and unfair disciplinary hearing which was never agreed upon by the parties.
The company said investigations into his conduct and a report were made by the security manager on June 3, 2022, which revealed that Mr Godana had a case to answer.
