JIMI MASEGE V. KENYA AIRWAYS LIMITED

JUDGMENT OF THE COURT

The appellant before us, Jimi Masege (Masege), was employed by M/S. Kenya Airways Ltd (KQ) in 1979, and for the next 17 years until 1996, he appears to have rendered satisfactory service to KQ. In April 1996, however, KQ complained about an incident of unacceptable poor performance of duty by Masege and served him with the first warning letter in accordance with the terms regulating his employment. Two other warnings followed on 9^th January, 1997 and 24^th January, 1997 when Masege was accused of using “unbecoming and insulting language” in addressing his employer and showing “true colours in contempt towards authority, disrespect and arrogance of unparelled degree” . The following month, on 21^st February, 1997, KQ addressed the following letter to Masege:

“TERMINATION

Arising from the incident which occurred on February 11, 12 and 14, 1997 in which you were directly involved and taking into consideration that you were served with a third and final warning on 24^th Ja…