Bench gives bank nod to seek damages from ex-staff
By Paul Muhoho, October 28, 2019
The National Bank of Kenya is at liberty to proceed with its civil suit against its former Company Secretary, Leonard Kamweti, seeking damages for alleged leaking of confidential information to third parties.
The Court of Appeal has sanctioned NBK’s action by setting aside the decision made on October 24, 2014, by High Court judge Rose Ougo referring the matter to the Employment and Labour Relations Court.
Appellate Judges Wanjiru Karanja, Fatuma Sichale and Jamila Mohamed ruled on Friday that the bank’s case was anchored on Kamweti’s alleged breach of confidence and not his employment contract.
“We find that the bank’s suit was right before the High Court,” the three-judge Bench said. Kamweti was sent on early retirement on July 31, 2013 following the bank’s restructuring.
Convey information
In its pleadings, the bank said it learnt in early August, 2013 that Kamweti had conveyed confidential information about the meeting held by its board of directors on July 8, 2013.
He is alleged to have disclosed the information to the CBK Director of Bank Supervision, the Capital Markets Authority and the Law Society of Kenya through letters dated August 2 and 9, 2013 and MP3 recording.
The bank has protested that Kamweti’s actions were malicious since he was not authorised to convey the information. But Kamweti denies wrongdoing.