The court of appeal on Friday 24.6.2022 dismissed with costs an appeal filed by Bomas of Kenya against Justice Hellen S.Wasilwa’s 2017 Judgment in a case pitting Bomas of Kenya against a senior Manager Mrs Miriam Wambui Thiriku who headed the marketing department.
In the court Judgment dated Friday, June 24, 2022, and delivered by Justices W. Karanja JA, F. Shichale JA, and A. Mbogholi Msagha JA, of the Appeal Court, the three-bench judge upheld Justice Wasilwa’s ruling that stopped Bomas from taking disciplinary action against the petitioner, also declared that actions against Miriam amounted to ‘Unfair Labour Practices and a breach of her constitutional rights and awarded her Sh.500,000 in damages.
Miriam had filed the case against her employer in 2013 citing unfair administrative action, harassment and unfair treatment arising from her resignation from chairing the procurement committee citing flawed procurement procedures, unethical proxy suppliers and the management’s single sourcing of commodities.
Under the leadership of the then General Manager, Quresh A.Hussein she was issued with a show cause letter and her job was advertised in the local dailies.
In the Show Cause Letter, she was accused of 3-day absenteeism from duty without permission and threatened with summary dismissal.
In her pleadings, she testified that she had survived several assassination attempts on her life.
In its appeal against Justice Hellen S.Wasilwa’s 2017 Judgment, Bomas of Kenya complained that the Judge had considered extraneous circumstances and facts and disregarded the evidence adduced in court, among other things.
The appeal Judgment brings to an end a protracted case that has spanned almost a decade.
NOTE: The first attachment is the most relevant (PDF), as it contains a summary of all the rulings.
The others give background to the story.