The High Court in Mombasa has declined to issue orders stopping disciplinary action of more than 130 Kenya Ports Authority (KPA) employees for forging academic certificates.
High Court Judge James Rika in his ruling said he cannot stop their arrest and possible prosecution when investigations are still ongoing.
The 136 KPA workers through the Dock Workers Union (DWU) had filed the case against their employer seeking court orders stopping disciplinary action and investigation by the anti-corruption agency.
Judge Rika said the court lacks the powers to stop KPA from conducting investigations against the workers, adding that the court cannot be used in endorsing crime, as doing so will set a bad example to members of the public.
The workers, through their lawyer, Danson Mungatana want KPA management stopped from investigating the workers, and instead ask their employer for a demotion instead of dismissal.
Lawyer Mungatana, who is also a former Garsen MP and immediate former chairman of the KPA Board of directors was disqualified from the case following an application by KPA lawyer, Michael Sangoro.
Sangoro in his application said Mungatana chaired some of the meetings on the findings of an audit that discovered that the employees were using fake education certificates to get promotions.
The court heard that Mungatana endorsed disciplinary action against the employees when he chaired the KPA board.
“There will be conflict of interest if Mungatana is allowed to continue representing the workers in the case. He chaired a meeting that decided that these workers should be investigated over fake certificates,” said Judge Rika, while disqualifying lawyer Mungatana.