Charles Aput Otieno v Telkom Kenya Limited [2017] KECA 696 (KLR)
- Court
- Court of Appeal
- Case number
- 696
- Citation
- [2017] KECA 696 (KLR)
- Decided
- 10 March 2017
The court held that the respondent had reasonable and sufficient grounds for suspecting that the appellant had committed an offence to its substantial detriment and therefore had justifiable grounds for terminating his employment. The procedure in terminating the employment was found to be in conformity to the minimum standards.
Facts
The appellant, Charles Aput Otieno, was employed by Kenya Posts and Telecommunications Corporation and later promoted to the position of Sectional Engineer. He was dismissed on 8th June 2010 for allegedly involving in illegal dumping of international traffic and leaking information during investigations.
Issues
- Whether the trial court was right to conclude that there were valid reasons for terminating the appellant's employment.
- Whether the decision to terminate the appellant's employment was arrived at following a fair procedure.
Reasoning
The court found that there was evidence of illegal international traffic being dumped into the respondent's network, and the appellant was one of the suspects mentioned in the investigation report. The court also noted that the appellant acknowledged the loss of revenue due to the dumping of international traffic.
Outcome
Affirmed the decision of the Industrial Court.
Authorities cited
Legislation (1)
- Employment Act
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