Forged diploma certificate costs accountant 33 years of retirement benefits

An attempt to secure a managerial position in 2010 through a forged diploma certificate ended up costing a senior accountant 33 years of retirement benefits after termination by Public Service Commission (PSC).

Geofferey Nzyoki was an employee of Kenya Safari Lodges and Hotels Limited for a period of 33 years, a job that ended for admitting to forging papers to secure a promotion.

Nzyoki lost 33 years of gratuity at 31 per cent for every year of service as prescribed under clause 27 of Collective Bargain Arrangement (CBA) in accordance with the Salaries and Remuneration (SRC) guidelines.

In her judgement, Justice Monica Mbaru said that cumulatively, where a summary dismissal is justified, gratuity pay is not due.

However, Justice Mbaru allowed Nzyoki to be compensated his pension at one percent.

“His contributions to the pension scheme at 1 percent should not be lost on the basis that, since his employment from February 1 1990 to 2010, when he submitted the forged certificate, he had honestly served without any record. For pensions due, the applicable rules and regulations shall be complied with, and the respondent shall assist the claimant to secure his contributions accordingly,” said Justice Mbaru.

According to Nzyoki, he was employed at the hotel in February 1 1990 as an accounts’ clerk and receptionist where he served until December 20 2023 when he was terminated by the hotel.

Nzyoki secured the accountant and clerical job using his O- level and A- level certificates.

He admitted that he was summarily terminated for fording a Diploma Certificate in Business Administration from University of Nairobi (UON) to gain a promotion for a position of Assistant Manager at Voi Safari Lodge, a position he never secured.

UON’ Academic Registrar in a letter dated December 22 2022, responded, confirming that the University did not issue the certificate and stated that Nzyoki was not a student of the institution.

He said that upon summary dismissal, the Hotel denied him his terminal dues despite the PSC directing payment.

Nzyoki said he should be allowed to get his 33 years of gratuity, pension, house allowance and certificate of service to allow him retire with dignity.

He said that the hotel denied his terminal benefits unfairly.

However, Nzyoki said that the questioned certificate never formed the basis of his initial employment with the hotel and has not been used again as he remained employed as an accountant/receptionist with the hotel.

Nzyoki said that the Hotel actuated by malice, that the PSC conduct an audit of all employees who are beyond the 10-year mark.

In a letter dated December 21 2022, the PSC allowed the hotel to extend the audit timeline to cover all employees to whom the officers were appointed, redesignated or promoted.

Nzyoki said the allegations that he obtained employment based on a forged Diploma Certificate dated November 10 2000 are not correct and the same was done out of malice to resulting in a summary dismissal that is unwarranted and unfair.

He said that he retained his original employment, and it was unfair to use the certificate to justify a summary dismissal.

He said that in a letter dated 21 October 2022, the court declared that a person or employee dismissed from service, regardless of the modality of the exit, is entitled to their pension, gratuity, and accrued benefits as of the date the matter is concluded.

Nzyoki cited Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) as Interested Party.

However, in its defense, Safari Lodge said that following a verification by UON it was discovered that the document submitted on November 10 2000, was found to be forged.

The hotel General Manager (GM) Ronald Simiyu said it issued a notice to show cause setting out the charges against him and was invited to a disciplinary hearing but was unable to provide a proper explanation for submitting a forged diploma certificate.

Simiyu said it subjected the documents submitted by Nzyoki in his employment to verification by the issuing body, the UON and it was proved the certificate was not authentic.

The GM said it is thus bound by the communications from the PSC and the EACC to the effect that any employment produced based on forged documents is null and void ab initio.

He said it had reasonable cause to terminate Nzyoki’s services, which were communicated to him in the notice to show cause.

“The claimant (Nzyoki) has admitted that the documents submitted to the respondent (Safari Lodge) were forged. There is no trust and confidence in him, and the summary dismissal from employment was justified,” said Simiyu.

Justice Mbaru upheld Nzyoki’s dismissal on grounds that his admission to using a forged certificate while seeking a promotion to the position of assistant manager at Voi placed him in conflict with the PSC circular.

Justice Mbaru said Nzyoki cannot justify the fact that he did not secure the employment, and hence, he is not bound.

She said that indeed, certain professions, such as accounting, are highly regulated and require a higher standard of integrity and probity.

“Submissions of forged documents to secure a promotion tainted his career. His claim that he did not receive the employment because of such forged documents is not plausible,” said Justice Mbaru.