NAIROBI, Kenya, Jul 29 – The Court of Appeal has dismissed an appeal by three former officials of FC Talanta challenging a Sh1 million damages award to Jerome Dufourg, the club’s former Executive Director, who was unlawfully dismissed and subjected to harassment by police and immigration officers.In their judgment, Justices Patrick Kiage, Jamila Mohammed, and Weldon Korir upheld the decision of the Employment and Labour Relations Court (ELRC), which found that Douglas Ratemo, Zacharia Ogola, and Nicodemus Bore, then club officials, violated Dufourg’s rights through an unlawful termination process and subsequent mistreatment.Dufourg was appointed as the Executive Director of FC Talanta on 21st January 2013 under a one-year contract with a monthly salary of Sh100,000. The club also undertook to assist him in obtaining a work permit and to provide a return air ticket to his home country upon the contract’s completion. However, according to Dufourg, the club officials frustrated his work, failed to secure the promised work permit, and ultimately dismissed him without due process on 27th October 2013.He further alleged that the officials orchestrated his harassment, leading to two separate incidents where police and immigration officers arrested him—on 29th October 2013 and 1st November 2013—humiliating him publicly and threatening him with deportation.The ELRC agreed with his claims and awarded him damages, a decision the three officials challenged on appeal, arguing that the dismissal was lawful and that the damages were excessive and unsupported by evidence.‘Unpleasant a character, but entitled to fairness’The Court of Appeal affirmed that Dufourg was entitled to procedural fairness despite the misconduct allegations leveled against him.“Unpleasant a character as the respondent may have been, as gleaned from the record, he was entitled to be taken through the procedure provided by the law. He was not, and the learned Judge was therefore correct in finding in his favour,” the judges stated.The court faulted the club for issuing Dufourg a disciplinary hearing notice at 10:01 pm for a meeting scheduled the next day at 2 pm, without providing details of the charges or informing him of his right to representation, which it said fell short of the threshold set by Section 41 of the Employment Act.HumiliationThe judges upheld the ELRC’s finding that Dufourg endured humiliation at the hands of police and immigration officers at the instigation of the club officials.“Having failed to facilitate the claimant to obtain a work permit, on 29th January 2014… the 2nd respondent went to his house with two policemen who assaulted the claimant and dragged him to the police station in the full glare of the public… It was further not denied that again on 1st November 2013, the respondents caused officers from the Immigration Department to arrest the claimant and lock him up at the cells in Nyayo House, after which he was given an ultimatum to leave the country within 6 days or face deportation,” the court quoted from the ELRC judgment.The appellate judges upheld the trial court’s awards, which included Sh1,000,000 as general damages for harassment, Sh400,000 for unpaid salaries for the months of October 2013 to January 2014 and Sh113,307.80 for a return air ticket.The bench also sustained a Sh72,115.40 for prorated leave pay, and Sh100,000 in lieu of notice. The judges noted that the trial court had clearly explained the basis for each award, and there was no reason to interfere with its discretion.The bench directed the appellants to pay the costs of the case having found no error by the trial judge.