Galava also contends that he was sacked to protect NMG’s business interests following the Aga Khan’s visit to State House in December of last year and not because of the alleged failure on his part to follow procedure.
“There were no guidelines on procedure regarding editorials, only content. An email communicating the said procedural guidelines to the staff was only sent after I pointed this out at my disciplinary hearing. Earlier in November he (Mshindi) told me to keep off the Kenyatta’s on the coffee stories, lay off the Eurobond saga until advised further and to go slow on Jubilee’s mega scandals.”
The manner in which he was sacked alone, he’s submitted to the court, provides sufficient grounds for it to be declared illegal.
He contends that he was suspended without being accorded the opportunity to defend himself, “as the natural laws of justice dictate,” as his termination had been predetermined.
“The email explaining my suspension went viral and a storm erupted on social media with Kenyans on Twitter accusing the company of bowing to political pressure. The Editor-in-Chief responding to mounting fury (said) I had not been suspended but rather advised to stay away for a few days. This facile explanation only further muddied the debate. After Muganda’s interview with the BBC I knew then that my case was toast.”
The failure of his seniors to take his, “above reproach track record,” at the company into consideration before they took the decision to terminate him, he contends, further cements his case.
“In whole of my career at Nation, I had received only one warning letter after the newspaper ran a page one story that President Kenyatta had extended General Karangi’s tenure. The story upset State House so much that a scheduled meeting with NMG board and officials from Aga Khan network was cancelled.”
“However, the story eventually turned out to be true when the President himself announced the extension.”
Galava has also accused NMG of violating the law by allowing to act as, “judge, jury and executioner,” the very persons who had sent him on suspension without prompting him to ‘show cause why’; the panel that gave him a disciplinary hearing having been composed of Mshindi, the HR Director David Kiambi and Company Secretary.
“A panellist offered that he would be more cautious if he were in my shoes. Here I stood, he added, both having upset Kenya’s President and the Aga Khan, and risked the business of the paper, and yet here I stood seeking justification rather than grovelling for mercy.”
Rather than grovel for mercy Galava has sued but according to him NMG has so far been unresponsive. “The rest of the conversation about who should apologise would be completed in court.”
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