The Employment and Labour Court has upheld a decision by the Kenya Electricity Generating Company (KenGen) to fire one of its managers for misuse of a company car.
Justice James Rika acted fairly in terminating the contract of its former administration manager Frederick Oduor as provided in Sections 41 and 45 of the Employment Act.
“The minutes of the meeting show a fair hearing was accorded to the claimant. The Claimant did not apply to bring his own witnesses, or protest at the hearing, that he was dissuaded from cross-examining any witness. It was correctly concluded that the claimant was involved in misuse of a public asset, for his private purpose,” said the judge.
Mr Odour’s employment was terminated in January 2018 after he was found guilty of gross misconduct for flouting the firm’s transport policy.
Evidence tabled in court by KenGen showed Mr Oduor used an official company car to run his personal errands including picking members of his family from the Kisumu International Airport.
The misuse came to light after its driver hit and killed a pedestrian in Yala township on July 22,2018 as he drove to pick Mr Ogutu from the airport.
A court has issued orders preventing the swearing-in of Anne Kananu as Nairobi governor pending the hearing and determination of a case.
The orders were granted by Justice Anthony Mrima. The case will be heard on January 28.
The Law Society of Kenya had on Monday moved to court seeking to block the possible swearing-in of Kananu as governor.
Also sought was an order to suspend her swearing-in to the office of deputy governor which happened last Friday.
The society believes that the hurried swearing-in of Kananu to the office is illegal and a brazen attempt to undermine the process of a by-election as required by the Constitution.
The office of Nairobi governor became vacant after the previous holder Mike Mbuvi Sonko was impeached last December.
Kananu on Monday morning took over as Nairobi acting Governor three days after she was sworn in as deputy governor.
Nairobi County Assembly Speaker Benson Mutura officially handed over the instruments of power to Kananu in a brief ceremony at City Hall.
Mutura said since Nairobi now has a substantive Deputy Governor in office he has relinquished his acting Governor capacity and resumes his full duties as Speaker.
Last Friday, the Appointments Committee led by Majority Leader Abdi Guyo vetted and approved Kananu, saying she had cleared by KRA, EACC and had a degree and fulfilled other requirements for the job.
In her first speech as DG, Kananu said she will work tirelessly and together with the Nairobi Metropolitan Service boss Major General Mohammed Badi to ensure all transferred functions are further strengthened to ensure services are delivered.
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