The Labour Court has reinstated the sacked Kenya Reinsurance Corporation managing director Jadiah Mwarania.
Justice Byram Ongaya ruled that the termination of Mwarania’s contract was unfair, unjustified, illegal, and null and void.
“Reinstatement of the claimant effective March 12, 2018 to his employment in the capacity of the Managing Director of Kenya Re without any loss of benefits, and the company by itself, its board to forthwith permit Mwarania to resume duty accordingly,” the judge ordered.
He further restrained the board of directors from interfering with Mwarania’s terms of employment.
Mwarania was fired on March 12 by the Kenya-Re board on grounds of gross misconduct and loss of trust and confidence in him.
He joined Kenya-Re more than 27 years ago as a management trainee and had risen through the ranks.
Justice Ongaya said the sacked MD did not contribute to his termination as it has been established that he desired to be heard and even requested for time to prepare, which he was granted.
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The court agreed with Mwarania’s argument that it is unfair to visit him with adverse consequences when clearly there had been line managers who are responsible for those issues raised by the board.
The judge noted that the MD took necessary corrective measures which included convening a meeting to discuss and remark on the PWC draft reports that were at the centre of the warning letter that was sent to him.
Judge Mwarania says that neither the board nor their chairman showed dissatisfaction with the MD’s explanation until the empty allegations of loss of trust and confidence in the letter of termination.
The judge furthered said that it is clear that Mwarania wants and is willing to complete his unexpired five year term of service, being 37 months from the date of his termination.
Kenya-Re had defended their move to sack Mwarania saying that they had the discretion on who to hire for the respective position and they enjoyed the right to terminate the contracts of service of its employees.
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