Former Kenya Airports Authority (KAA) Guard, Daisy Cherogony who was fired for asking Interior Cabinet Secretary (CS) Fred Matiang’i to queue for a security inspection has lost the case as the court upheld disciplinary action against her.
On April 6, 2017, Cherogony was on normal duty at the Jomo Kenyatta International Airport when CS Matiang’i and his entourage tried to gain access to the airport without following protocol.
Cherogony is then said to have insisted to have them screened, an action that cost her her job on grounds that she had disrespected the minister.
According to People Daily, she sought legal action against KAA for illegal termination of employment and sought Sh2.4 million compensation.
However, having been heard in terms of Section 41 and her rights under Article 41(1) safeguarded, Justice Nzioki Wa Makau upheld the disciplinary action against her.
“Since there was cause for the dismissal and basis for summary dismissal on account of gross misconduct, the suit is only fit for dismissal,” the Judge ruled.
For instance, in their defense, KAA argued that the CS was humiliated as he had to wait for close to 24 minutes and almost missed his flight to Kisumu.
“The claimant denied ever seeing the CS at the glass door and that if she had seen him, being a VIP she would have facilitated him as per the security procedures,” the agency lawyer is quoted.
Additionally, CCTV footage was reviewed by the defense team with evidence purporting that the CS was ignored when he arrived at the terminal building.
Cherogony had argued that she made efforts to calm the CS although they were all in vain, adding that the airport manual indicated that VIPs had to line up like ordinary passengers except in the case that they had a special pass or made prior arrangements.
Ideally, she indicated that there was no complaint letter from the CS and neither was she accorded the chance to defend herself.