Industrial Court in Mombasa on Tuesday blocked lawyer Danson Mungatana from representing 132 employees in a suit against Kenya Ports Authority-KPA.
Justice James Rika in his ruling stated that the court cannot restrain the corporation from doing what is legal and proper.
‘It is ordered the advocate for the claimant is hereby disqualified from further representation in the suit and application are misconceived in law and without merit and hereby struck out in their totality and parties shall bare their own costs ’’
Kenya Ports Authority launched a scathing legal battle to block its former board chairman Danson Mungatana from representing the employees.
The employees through Mungatana filed a case in Industrial Court trying to stop KPA from investigating claims that they used fake academic and professional certificates to secure employment.
Mungatana currently a practicing lawyer in Mombasa, chaired the KPA board between December 31 2013 and October 30 2014 before he was replaced by the former Mwatate MP Mazden Madoka .
Earlier in a replying affidavit sworn by KPA’s head of human resource Amani Komara, The KPA management alleged existence of real prejudice, mischief and a breach of confidentiality in Mungatana .
Komara said in the affividavit that Mungatana should not be allowed to represent the workers since he chaired the KPA board meeting that deliberated on a report on authenticity of staff academic and professional certificates.
The affidavit claimed that on August 27, 2014, the board resolved that KPA should take disciplinary actions against suspected workers, including summary dismissal of the staff members.
It reveals also that the KPA Board under the chairmanship of Mungatana further resolved not to allow employees to file a suit in court due to failure to adhere to procedural guidelines.
KPA further alleges in the affidavit that, of the 132 employees suspected to have presented fake certificates, 107 are not members of the Dock workers union hence the union has no mandate to sue on their behalf.