IP Case Law library

Facts

Mwangi, a Principal Land Surveyor, discovered during a site visit for the Standard Gauge Railway Phase 2A land-acquisition process that a parcel proposed for compensation by the National Land Commission was not actually affected by the project. He briefed his superiors and separately contacted the Commission to flag this. Kenya Railways charged him with gross misconduct for sharing unauthorised information with the public, interdicted him, and later terminated his employment.

Issues

Whether disclosure to the National Land Commission of land-compensation information amounted to unauthorised disclosure of the employer's confidential information constituting a valid ground for dismissal, and whether the dismissal was substantively and procedurally fair.

Rule

Employment Act ss.41, 45, 49; Access to Information Act 2016 s.16 (public-interest disclosure); Constitution of Kenya 2010, Article 67 (National Land Commission); Walter Ogal Anuro v Teachers Service Commission [2013] eKLR and related precedents on substantive and procedural fairness.

Analysis

The court found the employer's HR Manual nowhere defined confidential information and led no evidence the disclosed information was in fact confidential. The Commission, a constitutional body and project partner, was not "the public", and the Manual itself permitted disclosure to persons connected with the Corporation in the course of duty. Disclosure of public land-compensation information in the public interest was protected under s.16 of the Access to Information Act, no harm to the project was shown, and the information was not a trade secret.

Conclusion

Termination declared substantively unfair, though procedurally compliant; the court awarded six months' gross salary compensation, unpaid dues, leave payment and a certificate of service. Reinstatement and most other claims were rejected.

Judgement available at kenyalaw.org.