How 10 litres of oil, wood and clothes cost five men's careers

When residents tapped unrefined cooking oil from a tanker that overturned in the middle of the road at Kikopey trading center along the Nakuru-Nairobi Highway on November 12,2021. [File, Standard] Five men who worked with the British Army Training Unit Kenya (BATUK) lost their careers because of some two and a half litres of contaminated oil and some wood and clothes. The Employment and Labour Relations has okayed the sacking of Denish Guya, Isaac Wachira, Daniel Kariuki, Ismail Ahmed, and Abdulkarim Abubakah. Guya worked as a mechanic with the British Army for 22 years. Wachira who gave out the used engine oil, and Daniel Kariuki, Ismail Ahmed, and Abdulkarim Abubakah, were all found complicit. Justice Onesmus Makau, in his judgment, said that BATUK gave them a fair hearing before dismissal and had CCTV evidence showing the two jerricans of oil being loaded into a lorry. At the same time, he said that they were also nabbed with wood, sideboards, fencing posts and clothes which belonged to their employer. "Applying the above provision to the facts of the case, I find and hold that the respondent has proved that it followed a fair procedure before dismissing the claimants," the judge said. The five were fired on November 15, 2023 for gross misconduct. Kariuki, Wachira, Abibakah, and Ahmed were kicked out for theft while Guya was dismissed for being implicit in the theft by Wachira. In its case, BATU argued that its officers received a tip seven days before that some of its employees would steal its goods. The court heard that the whistleblower informed that they were all loaded in a vehicle driven by Wachira. The court heard that the officers pursued the truck, stopped it outside the camp and ordered the driver to return it. The incident turned into a police case as Wachira and Guya were charged with stealing, with an alternative charge of handling stolen property. In the meantime, the five were taken through a disciplinary process and eventually fired. They maintained that they were innocent. However, BATUK said that they were involved in a well-orchestrated theft. It claimed the recovery followed a quick response on a whistleblower report since the items had already left the camp. In the case, the five called Guya and Wachira star witnesses. Guya told the court that he had been employed as a mechanic for 22 years and had interacted with engine oil. He admitted that he was conversant with the requirement that a line manager give a fate pass indicating the items leaving the camp. The mechanic further admitted that he handed Wachira two five-litre jerricans of used oil without a gate pass. He, however, argued that he knew that his colleague would not leave the facility without the clearance. Guya said he attended a disciplinary hearing after eight days and was provided with a witness statement before the hearing. However, he argued that he was not given a reason why his appeal against the dismissal was rejected. Wachira, the second witness said he was ordered by Royal Engineer Support (REST) to deliver goods to St.Jude Secondary School using BATUK's truck. He said he had a work ticket authorized and signed by the G4S guards to leave the gate. He said the vehicle was stopped and ordered to return where everything was offloaded. According to him, BATUK did not call any witnesses despite being charged, which led to the case's collapse and subsequently withdrawal. He denied stealing his employer's goods but admitted that he received two oil jerrycans which he was allegedly to take to the community. He claimed that Guya ordered him while reversing the vehicle. Wachira told the court that he had worked for 12 years before he was fired. He admitted that he needed to have a gate pass indicating the items leaving the army facility. At the same time, Wachira admitted that a gate pass requires that all items in the vehicle be checked 100 per cent, but the G4S guards never checked what was inside. He said they just went around the vehicle without opening the canopy. He reiterated that he was authorised by his Line Manager, Mr.Welsh, to take out the cargo. Victor Nikoe, a former G4S employee said he was dismissed on July 25,2023. He said that he did not check the lorry. Muriuki, on his end, said he did not help Wachira steal. He said that he was not also charged or arrested. Ahmed, who had worked with BATUK for 15 years also denied assisting Wachira while Abubakar said he did not release anything to Wachira. Major Jason Varndell testified on behalf BATUK. He said that after investigations, five claimants herein were found culpable of attempted theft and they were dismissed while two others were given warning letters. He asserted that the truck was not supposed to be loaded with anything.

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