Man Seeking Sh100 Million from KPA Losses Appeal

MOMBASA, Kenya, Nov 9 – A man who had gone to court seeking an award of Sh100 million from Kenya Ports Authority (KPA) citing unfair dismissal has lost his appeal after the courts ruled against him.

Abdi Mohamed Daib had filed an appeal at the Court of Appeal in Mombasa, where The Ethics and Anti-Corruption Commission (EACC) and KPA were named as respondents. KPA had fired him after discovering that he had presented forged academic papers.

Daib was hired by KPA in June 1995 on permanent and pensionable terms and went on to work for 20 years before he was fired.

In a September 29, 2015, letter KPA terminated his employment citing forgery of KCE, KCSE, KACE, Diploma and Degree certificates, before reporting the matter to EACC.

Judges Pauline Nyamweya, Gatembu Kairu and Jessie Lesiit allowed KPA’s appeal which challenged a decision by the High Court to dismiss objections they had raised alongside EACC against Daib’s petition.

In their determination, they said that KPA had valid reasons to dismiss Daib and that they followed due process.

KPA discovered his forged documents in 2012 when it set out to authenticate the documents presented by all of its employees following a directive from the Public Service Commission.

Daib went to the Employment and Labour Relations Court in Mombasa to challenge the decision saying that he was unlawfully fired and the court ruled in KPA’s favour.

He appealed the decision and he lost before going to the High Court at Mombasa, where he filed a Constitutional Petition citing a violation of his rights.

He then went to the CoA where the court also ruled against him.