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Kenya Ports Authority v. Cyrus Maina Njoroge

(2018) JELR 99985 (CA)

Court of Appeal  •  Civil Appeal 89 of 2017  •  5 Jul 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] Slightly over thirty years ago, Cyrus Maina Njoroge (the respondent), was employed by Kenya Ports Authority (the appellant), in its security department. He underwent several trainings and also got several promotions over the years.

[2] All this came to a halt following an incident that happened on the night of 31st August, 2005 when following a security breach, a container was stolen under his watch and he was held as a suspect in the theft. He was subsequently arraigned in court on 6th September, 2005 to answer charges related to theft of the said container. He was then suspended vide a letter dated 12th September, 2005.

[3] As the criminal case against the respondent was going on in court, the appellant established a committee to investigate the matter internally. The respondent was heard by that committee, and another one constituted subsequently but unfortunately for him, the committees were not convinced about his innocence and he was therefore dismissed fr…

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