Labour Court orders KMC to pay Sylvester Kyengo Sh2.6m

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.

WEAK ANIMALS

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 moribund animals for slaughter during the visit by the dignitary.

Mr Kyengo 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.

VIDEO CLIPS

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

The court heard Mr Kyengo joined KMC in 2016 as a livestock manager. His duties included the procurement of healthy livestock for KMC from farmers, cattle mapping to identify sources of livestock, drawing LPOs for purchasing livestock and management of staff in the department.

He, however, told the court that another department dealt with production and marketing.

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.

APPEAL

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.

The Seychelles president’s visit to KMC was aimed at fostering a trade partnership with Kenya.   

Prior to the Seychelles president’s visit, a team from the government visited the plant and cautioned that the visiting president was allergic to ammonia.

EVIDENCE

KMC insisted that Mr Kyengo’s sacking was done procedurally.

However, the court found the allegations leveled against Mr Kyengo were 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.