Despite sacking 132 disgraced workers who gained employment and promotion using fake certificates last week, panic has gripped Kenya Ports Authority (KPA) top managers after the dismissed staff threatened to expose rot at the parastatal.
The panic follows claims, supported by a court ruling that paved the way for the dismissal, that many workers caught up in cheating were spared for no known reason.
The Standard on Sunday spoke to an employee who claims she has the original list containing “more than 400 people” but which, apparently, was whittled down to 132 early this year.
The Dock Workers Union (DWU), which lost a court battle against KPA, is threatening to return to court with a dossier exposing what it alleges is massive cover-up over the fake certificates scandal.
Although the list of those fired includes 25 managers, DWU maintains that many of those who cheated or aided cheating were senior officials who must be pursued. Union secretary general Simon Sang’ said yesterday that they will move to court tomorrow to challenge the sacking of the 132 employees and expose “the racket of the senior officials.”
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Yesterday, it also emerged that the Ethics and Anti-Corruption Commission EACC had commenced investigation into the scandal.
“It is clear that some managers colluded with the employees. On Monday, we will file the case under a certificate of urgency to oppose the sackings. We would provide evidence because we cannot sit and allow our members being sacrificed,” Sang said yesterday.
Almost complete
KPA Chairman Marsden Madoka has challenged the union to provide evidence to back claims that top managers were involved in the scandal. But EACC confirmed the investigations were almost complete.
“We are almost through with our investigation. The files with our recommendations will be forwarded to the DPP,” said EACC officer in charge of the Coast, Mr Khalid Hussein.
DWU’s court battle to bar KPA from investigating or sacking the employee was dismissed on September 22 by the Industrial Court in Mombasa.
DWU had moved to court to seek orders to grant the affected workers immunity or pardon saying they had worked for many years.
But Justice James Rika ruled that “crime cannot be sanitised by years of service” and also questioned why KPA had taken long to conclude the probe that begun in 2012.
Judge Rika also said there were no explanations as to why several secretaries caught in the cheating were pardoned and why the audit on certificates which began in 2012 took years to conclude.
“And why has it take years to conclude investigations and disciplinary action while the directive from the PSC (Public Service Commission) was that the first authentication exercise should have been completed by September 1, 2012?” questioned the judge.
He said KPA should be encouraged to conclude the matter.
On Wednesday, KPA which runs the port of Mombasa, sacked 132 workers accused of forging certificates to gain employment and secure promotion.
According to KPA, out of the 132 workers found to hold false papers, 107 were unionisable.
Questionable papers
KPA said in documents filed in court that three workers died after it disclosed names in the list in February, two deserted and one resigned. Also, court papers show only 126 workers were under investigation.
But questions persist over the list, with reports that the number of those with questionable papers when the probe begun in 2012 were 500 employees.
Yesterday, Sang said KPA top managers had “sacrificed junior employees” to allegedly shield themselves. But Madoka demanded proof, saying “anybody with a list of employees who have been spared should release it so that necessary action can be taken.”
Former KPA Managing Director Lenny Mwangola expressed shock at the development, terming it the “biggest shame on KPA”.
“I am surprised. I do not understand why due diligence was not done after the certificates were presented,” said Mwangola.
In his ruling, Justice Rika questioned why disciplinary action against conniving workers had taken too long to be implemented after the verification of certificates began in 2012.
According to Justice Rika’s judgement, various forms of falsification and forgery of documents were unearthed by KPA.
They included the case of Andrew Onyuna Omuga who claimed he studied at Mariakani Secondary School in Kilifi where he obtained a mean grade of D. his, he later altered to award himself a mean grade C and submitted the certificate to KPA.
Asha Dawa Mwanyungu produced a certificate indicating she sat exams and obtained a certificate at Coast Girls High School but it turned out she never attended the school.
Antony Kiama presented a KCSE certificate claiming he sat the examination at Kaheti High School in Nyeri and yet he never attended that school.
According to Justice Rika, Jane Kamau neither registered nor sat KCSE at Wanjohi Secondary School as stated in documents she gave to KPA. To make it worse, the index number she presented to KPA belonged to Paul Kangethe Njunge.
Shocking revelations
The judge also noted Christine Chepkemoi was discovered to have neither registered nor sat KCSE at Kibuk Girls High School as claimed in her academic certificate.
Kwanya Faith Walegwa was found to have gone to Kyuna Academy but she altered the mean grade from D to C, the judge says.
The other employees who have filed separate suit in the court after being asked to show cause why they should not be disciplined for presenting fake certificates include Ken Obala Oaga, Teckla Jesang Kirop and John Richard Atandi.
