KMC forced to give 2.6 million to former employee for falsely accusing him

The Labour Court has awarded a manager at the Kenya Meat Commission (KMC) Sh2.6 million for unlawful dismissal.

Mr Sylvester Kyengo was sacked for presenting weak animals for slaughter during a visit by Seychelles President Danny Faure.

On April 6, 2017 Mr Kyengo was served with a show cause letter accusing him of gross misconduct.

He was accused of failing to perform his responsibilities adequately as a livestock manager and as a member of the planning management committee during Seychelles President Danny Faure’s visit to KMC on April 4, 2017.

The letter indicated that Mr Kyengo presented dying animals for slaughter during the visit by the dignitary.

Mr Kyengo however said that although the Seychelles President visited during a drought, he chose the best animals which were neither too fat nor too thin. He said that the animals had been certified as excellent by the chief grader.

He denied presenting weak animals for slaughter and challenged the KMC to avail the CCTV camera video clips to prove him wrong.

Mr Kyengo, who told the court that he was summoned to appear before a disciplinary committee on September 21, 2017, claimed that he was not given a fair hearing since there was bad blood between him and the chairman and managing commissioner.

He claimed to have fallen out with the chairman after refusing to procure underage cattle. He also alleged that the managing commissioner wanted his cousin hired as livestock manager.

He accused the disciplinary committee of not giving him time to respond to the queries and claimed that he was neither given a copy of the proceedings of the disciplinary hearing nor the right of appeal.

On its part however, KMC insisted that Mr Kyengo’s sacking was done procedurally.

The court found the allegations leveled against Mr Kyengo not supported by evidence.

“It follows therefore that the evidence by the claimant that he was not to blame for the slaughtering of moribund animals during the presidential visit has not been rebutted. Likewise, his evidence that, he provided good quality livestock for the presidential visit and that the Chief Grader verified the same on the eve of the visit, has also not been rebutted,” said Justice Nzioki wa Makau in his ruling.