KAA moves to settle case with guard who 'delayed' Matiang’i

Daizy Cherogony. FILE PHOTO | NMG

What you need to know:

  • KAA has written to Daizy Cherongony’s lawyer Alex Bismana proposing settlement of the dispute.
  • The 38-year-old security guard is seeking a compensation of Sh40.9 million saying her dismissal was illegal and wrongful.
  • She also argues that the move undermined the security of the Kenyan aviation industry.

The Kenya Airports Authority (KAA) wants amicable settlement of a case filed by a former security guard who is demanding a Sh40 million compensation after been sacked for humiliating Internal Security Cabinet Secretary Fred Matiang’i.

Lawyer Lorraine Oyombe, who is representing KAA in the labour dispute, wrote a letter to Daizy Cherongony’s lawyer Alex Bismana proposing settlement of the employment dispute.

“We refer to the above matter to inform you that our client has instructed us to engage you on an amicable settlement of this case on a without prejudice basis. Please serve us with your proposal for our client’s consideration,” Ms Oyombe wrote in the letter dated December 11, 2017.

Mr Bismana is yet to respond to the request.

In the case, the 38-year-old security guard is seeking a compensation of Sh40.9 million saying her dismissal was illegal and wrongful and that the move undermined the security of Kenya's aviation industry.

According to court documents, Mr Bismana faulted the KAA arguing that the sacking of Ms Cherogony was an act of undermining the aviation regulatory framework, Kenyan and international laws under which the Authority operates.

Mr Bismana contended that the KAA’s actions exposed the country’s security and the entire world to risks of attacks from terrorists and other extremist groups from within and outside the country.

“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,” argued Mr Bismana in the documents at Nyeri Labour Court Registry.

Misconduct

Ms Cherongony 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.

KAA has said it wanted the case dismissed, arguing that after investigations Ms Cherogony’s conduct was found to be in breach of the corporation’s Human Resource Manual and disciplinary action recommended for her negligence and reckless handling of the CS.

She said the CS complained of harassment and that Ms Cherogony had apologised.

Ms Oyombe noted that Ms Cherogony had disciplinary history dating back to September 2014 where she was issued with a warning letter for being involved in an unpleasant exchange of words with Kenya Airways #ticker:KQ manager Halima Sankali.

“The claimant was informed that she was expected to serve and attend to customers in a respectful and polite manner while displaying high etiquette and standards of professionalism,” said Ms Oyombe.

The case is scheduled to be mentioned on March 7, 2018 before Justice Nzau wa Makau for further directions.

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