By SAM ALFAN.
Former Kenya Airway Corporate Communications manager has sought for his reinstatement to his lucrative employment
Mr Kepha Bosire through his lawyer Stephen Mogaka told Industrial court that he was unlawfully sacked and was not given an opportunity to defence himself after he was assaulted at social function.
Justice Njoki Wa Makau heard that there was no justification for his removal and that the court should issue an ordered compelling the management of the Kenya Airways to reinstate him.
Mr Mogaka told the judge that the claimant has a contract with his former employer, which contract of employment provides the manner it shall be terminated.
The claimant accuses the Airline’s managing director Titus Naikuni for treating him in degrading, demeaning and brutal manner thereby subjecting him to loss of esteem,
‘The claimant was as a matter of fact unfairly dismissed from employment pursuant to the events that unfolded on October 5 at Maasai Mara’ the court heard.
The MD on the fateful day assaulted the claimant stripped in public and violated his constitutional right by exposing him his privacy contrary the provision of article 31 of the constitution and section 45 of the employment Act..
The claimant and the MD were on October 5 in attendance of a Marathon event held at the Lemek conservatory, the event is said to have ran smoothly between 10 am and 5.30 pm when those in attendance left at their pleasure.
Mr Naikuni said to have descended on the claimant he removed his T-shirts and exposed him to nakedness in public in full view of the claimant’s colleagues and other invited guests
The claimant has staked a claim of Sh 24 million for unfair dismissal the amount being his lost salary for a period of six months. Of the first term and the full term of the renewable contract.
The claimant’s application was opposed by the Airline Chief Executive on grounds that he tendered his resignation after the incident.
Mr John Ohaga told the court that there was no requirement to show cause since his employment was not terminated by Kenya Airways.
The courts will its ruling on April 4.