• “She is seen disregarding the CS and beckoning other passengers at the glass door.
• "Whereas the verbal exchanges were not available, it is clear there was some disregard for the passenger who turned out to be the Cabinet Secretary for Education at the time,” Justice Makau ruled.
A JKIA security supervisor who ignored CS Fred Matiang’i three years ago suffered a blow on Tuesday after the Labour Court upheld KAA's decision to fire her.
Daizy Cherogony had urged the Labour Court to reverse her firing by the Kenya Airports Authority for ignoring Matiang'i, then Education Cabinet secretary.
Justice Nzioki Wa Makau ruled KAA was right to dismiss her for being disrespectful to the CS.
The court ruled that the Civil Aviation Security Programme manual requires government officials shall be screened like every other passenger, except where prior arrangements have been made.
However, the judge said Cherogony was required to treat all clients and customers with courtesy and decorum.
“In this case, it was not improper to require the Cabinet Secretary Dr Fred Matiang’i to undergo screening like other passengers,” the judge ruled.
Judge Makau said CCTV footage that was captured that early morning was played in court and it showed her interacting with the CS.
Why she was sacked
The court said that while Matiang’i was not cleared for preferential treatment on that date, KAA was right that Cherogony mistreated him, thus breaching her contract of employment.
“She is seen disregarding the CS and beckoning other passengers at the glass door. Whereas the verbal exchanges were not available, it is clear there was some disregard for the passenger who turned out to be the Cabinet Secretary for Education at the time,” Justice Makau ruled.
He ruled that his station in life did not matter as such treatment was not in keeping with KAA’s policies in handling its clients.
The court said that while Matiang’i was not cleared for preferential treatment on that date, KAA was right that Cherogony mistreated him, thus breaching her contract of employment.
“The improper handling of the passenger was sufficient basis for KAA to initiate disciplinary action against her,” Makau ruled.
Cherogony was ordered to pay court costs. The court said the suit was filed in Nyeri, taking KAA’s counsel and witnesses far from the place the incidents relevant to the suit occurred, which is JKIA in Nairobi.
“As the suit was filed here in Nyeri bypassing the Employment Court at Nairobi, the claimant will be liable in costs for the suit,” Makau ruled.
Cherogony had sued KAA for wrongful and unlawful dismissal.
KAA said she was required to be disciplined, respectful and courteous to all clients; her actions delayed the flight by 32 minutes.
(Edited by V. Graham)