The industrial court sitting in Nakuru has awarded a total of over Sh4.9 million to three former employees of Kenya Railways Corporation for wrongful dismissal.
Justice Byrum Ongaya ordered the firm to pay Gideon Mutindi and two other ex-employees the damages within the next 30 days after the workers moved to court claiming that their employment had been irregularly terminated.
“The court hereby orders the company to pay Sh 1,769,780, Sh 992,400 and Sh 2,144,446 for the three employees respectively before November 1,” said Ongaya during the ruling on Friday.
The court further ordered the company to pay the costs of the 13-year-old suit, which was filed by Mutindi.
In the suit, Mutindi had told the court that they were discriminated upon and that they were not issued with any letter or notice for impending termination of their services and that they were denied fair hearing before being dismissed.
The workers, through their lawyer Mongare Gekonga, moved to court on September 2 2001 demanding compensation over wrongful dismissal, retirement benefits, unpaid dues and allowances which they were entitled to before the dismissal.
The lawyer told the court that the corporation erred in law when it failed to give them notice for impending termination of their services and that they were denied fair hearing before being laid off.
The three were senior accountants at the firm, documents filed in court showed. They were sent packing after an audit showed that there was gross misappropriation of funds by the accounts office.
The three were accused of embezzlement of funds through irregular pay-outs of money to personnel in the firm and conspiracy of fraud.
Justice Ongaya termed the dismissal as unprocedural, saying: “The employer ought to have followed due process in terminating their services. l find the sacking rude.”