Former secretary sues KCB for unlawful termination in 2021

Kenya Commercial Bank Branch along Mama Ngina Street in Nairobi. 

Photo credit: File | Nation Media Group

Former KCB Group company secretary Joseph Kania has sued the lender for unlawful termination of his employment almost two years ago, saying the decision subjected him to suffering.

Mr Kania wants the lender compelled to pay him damages for loss sustained due to the fact his sacking in March 2021, made it more difficult for him to secure another job.

The company initiated a restructuring process of its executive team in 2021, changes that saw some executives being dropped as some responsibilities were merged and new roles created.

It was the second major reorganisation of its top leadership since 2011.

Mr Kania says his contract was renewed on January 1, 2021, and was to run until December 2025.

But in the new structure, the bank was to consolidate the KCB Group and KCB Bank Kenya legal and regulatory functions into a unified legal function led by a Group General Counsel.

He applied for the job but was later informed that his quest was not successful, although he says the job has the same job description as the company secretary.

His lawyer Senior Counsel Wilfred Nderitu says he had the legitimate expectation that he would be offered employment for five more years effective January 2021 in the renamed position of group general counsel, but whose functions would be identical to those of the position of a group company secretary or, alternatively, that he would revert to his previous role.

“The Petitioner states that he ultimately had his employment unceremoniously terminated and his career cut short in utter violation of his constitutional rights to fair labour practices and fair administrative action,” he says in the petition filed before the Employment and Labour court.

He accuses the KCB group of subjecting him to anguish and severe emotional pain, suffering and hardship as a consequence of the unlawful termination of employment and withdrawal of benefits.

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