NAIROBI, Kenya, Nov 17 – Kenya Airways says it will appeal a high court decision to reinstate former Chief Finance Officer Alex Mbugua.
KQ Chief Executive Sebastian Mikodz says they have already filed a notice of appeal.
Employment and Labour Relations Justice Monica Mbaru found Kenya Airways failed to prove Mbugua’s culpability in the financial loss of the national carrier which at the time of his sacking had hit a record Sh26 billion.
“I find no justifiable reasons to deny the claimant primary remedy of reinstatement since the dismissal was unfair and ought not to have happened,” she ruled.
In his defense, Mbugua through lawyer John Njomo had contested the termination on grounds of pushing for a review of the KQ – KLM partnership as well as questioning suspicious irregular ticketing practices in some overseas stations including the London office.
However, the national carrier moved with speed to fire him on January 18, 2017, for alleged underperformance.
It accused him of intentionally skipping an urgent performance review meeting before the human resources committee on January 18, 2016 and termed it as insubordination.
The court had in 2016 restrained Kenya Airways from filling the position of Financial Director until the case was heard and determined.
Kenya Airways’ turnaround plan has seen a change of key top positions including the CEO and Board Chair.
In her finding, Justice Mbaru observed that Kenya Airways will benefit largely due to Mbugua’s vast knowledge in his area of work, internal systems and operations gained over the last 8 years, holding same post without any incident of indiscipline.