• Appeal Court said firing Lempa Suyianka was not procedural, he was not allowed to defend himself or make representations.
• KBC said he was rude to his superior, failed to follow instructions, was incompetent and leaked confidential information online. The court said those claims were not substantiated.
Image: FILE
The state broadcaster has been ordered to pay a journalist Sh2 million for unlawful termination and a "charade of a disciplinary proceeding with a predetermined outcome",
Kenya Broadcasting Corporation lost its appeal in firing of Lempaa Suyianka in 2012.
Judges William Ouko, Hannah Okwengu and Milton Makhandia said KBC failed to follow proper procedures when firing Suyianka and violated his rights. They ruled on September 25.
They said KBC failed to inform the journalist, who is also a lawyer, of allegations of wrongdoing against him and allowed disciplinary proceedings be held by the managing director instead of the management board as is required.
In short, the judges said KBC failed to prove it did not violate Suyianka's rights and followed proper procedures.
The journalist was sacked in 2012 on grounds of gross misconduct, rudeness, disobedience, incompetence and disclosure of confidential information online.
The Appeal judges said from the record, there was no evidence Suyianka was rude to his immediate superior, failed to obey instructions, was incompetent or leaked confidential information.
The judges said the state broadcaster violated Suyianka’s rights when it promoted him on paper but did not give him a corresponding salary increase.
Suyianka went through several promotions and in November 2010 he was promoted to Broadcast Assistant (BA2). He held the position until July 6, 2012, when his services were abruptly terminated through a letter on that date from the managing director.
At the time he earned a gross monthly salary of Sh50,255.
Suyianka said he was supposed to earn a basic salary of Sh48,935, a house allowance of Sh30,000 per month and an entertainment allowance of Sh4,000 per month upon promotion. But his old salary was retained.
He attributed the situation to malice, discrimination and a violation of his right to fair labour practices.
The journalist said he was never summoned to make any representation or defend himself.
Suyianka also said the purpose of the firing was to victimise him for attempting to defend his rights.
He filed a case before the Employment and Labour Relations Court. He demanded he be paid Sh2,465,304, including terminal dues and damages for unlawful termination.
He also sought an order for compensation for discrimination.
Suyianka sought an order compelling KBC to pay his salary and all other benefits in arrears following his promotion
KBC denied Suyianka was interdicted and his services terminated without reason. It said termination was based on valid grounds and due process was followed.
After hearing all parties, the Employment Court found Suyianka had proved on balance of probabilities that there was no valid reason for termination and that the termination did not follow fair procedure.
It awarded him Sh103,135 being one month's salary in lieu of notice; underpayment of Sh918,000', payment in lieu of leave Sh171,982' Law Society subscriptions Sh34,657; compensation for unlawful termination and discrimination Sh825,764, being eight months’ salary. The total award came to Sh2,052,764.
KBC appealed the decision saying that the court erred in law by holding that he was unlawfully terminated.
(Edited by V. Graham)