Appeal dismissed for ex-KPA employee who forged five academic certificates
The Mombasa Court of Appeal has overturned a decision of the High Court in a Petition filed by Abdi Mohamed Daib, a former employee of KPA who was sacked after it was discovered that all his academic certificates were forgeries.
Daib worked for KPA for 20 years before his employment was terminated in September 2015 on the grounds that he had submitted fake academic and professional credentials in order to obtain a promotion.
He was hired by KPA in June 1995 on permanent and pensionable terms.
Daib was charged with possessing forged KCE, KCSE, KACE as well as diploma, and degree documents.
“The multiple forgeries were discovered in 2012 when KPA established an ad hoc Committee to authenticate original academic and professional certificates for all employees pursuant to a Circular issued by the Public Service Commission (PSC),” EACC said in a statement.
The KPA Board then gave the management the go-ahead to pursue legal action against the offenders. At that point, Daib was fired and the matter was reported to EACC.
KPA terminated his employment based on verification letters from examining bodies demonstrating that the academic credentials he had were fakes.
Daib contested his dismissal, claiming it was unjustified and against the law. In a ruling handed down on December 2, 2016, Justice Onesmus Makau dismissed the lawsuit, concluding that KPA had good cause to fire him and that it had treated him fairly before doing so.
Unhappy with the outcome, Daib filed a civil appeal, and in a ruling handed down on March 15, 2018, it was determined that Daib’s employment was terminated fairly despite the fact that the issuance of false certificates struck at the heart of the relationship between the employer and employee.
As a result, the Court upheld the ELRC’s judgment.
Daib then filed a petition with the High Court in Mombasa, in which KPA and EACC were listed as respondents.
He asked the High Court to declare that his constitutional rights had been violated, that he has valid certificates from the parties involved, and that he is entitled to KES 100,180,840 in benefits resulting from his employment with KPA.
The petition was met with preliminary objections from KPA and EACC.
In a decision issued on May 27, 2020, High Court Judge O. Otieno dismissed the preliminary objections after carefully considering them and consulting with counsel. EACC backed KPA in their appeal against this ruling.
The Court of Appeal thus agreed with KPA and EACC that the matters raised in the petition before the High Court had been conclusively disposed of by the competent court and the Judge of the High Court erred in declining to uphold the preliminary objection in that regard.
The Petition was thus struck off in its entirety with costs to KPA and EACC.
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