Blow for guard who forced Matiang’i to queue at JKIA as court upholds sacking

The High Court in Nyeri has dismissed a case filed by a female security guard who sued the Kenya Airports Authority (KAA) for sacking her on claims of mistreating then Education Cabinet Secretary Fred Matiang’i at the Jomo Kenyatta International Airport (JKIA) in 2017.

Daizy Cherogony was asked by KAA to explain why she mistreated and humiliated CS Matiang’i by requiring him to line up for security check at terminal 1D.

The court, while dismissing the case, however noted that it was not improper to require Matiang’i to undergo screening like other passengers.

“The improper handling of the passenger was sufficient basis for the Respondent to initiate disciplinary action against the Claimant. She was heard in terms of Section 41 and her rights under Article 41(1) safeguarded,” said the court.

According to KAA, Ms. Cherogony’s conduct was found to be in breach of their Human Resource Manual and it was recommended that disciplinary action be taken against her for negligence and reckless handling of the CS.

Ms. Cherogony, in the case, argued that she did not violate any of the authority’s policies saying she acted in accordance with the security procedures and security manuals under Aviation Security Programme (ASP) which state that all Cabinet Secretaries are supposed to undergo normal checks like ordinary passengers.

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She averred that she had previously been assaulted by VIPs at the airport, adding that her dismissal was discriminatory, unfair, unlawful and wrongful.

She also sought an order directing KAA to reinstate her saying she was unlawfully dismissed.

KAA, in response, stated that on the morning of April 6, 2016, CS Matiang’i was supposed to depart to Kisumu through JKIA but the flight was delayed due to Ms. Cherogony’s conduct.

The court heard that Matiangi, accompanied by his personal aide, arrived late at the terminal building as they were delayed at the primary screening and complained that he was harassed and made to queue by the guard.

“Due to the delay, the flight he was travelling in closed its doors and was ready to depart but Kenya Airways intervened and he was boarded and the flight departed at 0642hrs,” read court papers.

“The Respondent averred that according to the investigations and as evidenced by the CCTV cameras, the Claimant ignored the Cabinet Secretary who approached her in request for facilitation to the terminal building.”