The Labour court has refused to transfer a case in which an airport worker was sacked for “mistreating” Education CS Fred Matiang’i to Nairobi.
The case, pitting security guard Daizy Cherogony and Kenya Airports Authourity (KAA), will continue to be heard in Nyeri after Justice Byram Ongaya dismissed an application by the Federation of Kenya Employers (FKE) to have the matter moved to Nairobi courts.
Through lawyer Alex Bismana, the former guard said she lives in Nyeri and was not in gainful employment following the dismissal in May, this year.
“Any bid to transfer the case would be prejudicial to Ms Cherogony as she may be unable to attend the court sessions bearing in mind that she is not in gainful employment,” Mr Bismana explained.
The judge declined to have the matter transferred to Nairobi where FKE and KAA are headquartered.
Ms Cherogony sued KAA for sacking her after she asked Cabinet secretary Fred Matiang’i to queue for a security check like other passengers.
She is seeking a compensation of Sh41 million for wrongful dismissal. She had earlier sought Sh2.4 million before amending the memorandum of claim.
Ms Cherogony said the KAA has refused to compensate her, despite making several demands and notice to sue having been issued.
She wants the court to declare that her right to fair labour practices under Article 41 (1) of the constitution were violated by the employer.
She also wants the court to rule that subjecting Mr Matiang’i to security screening did not amount to gross misconduct since it was the normal procedures.