The Employment and Labour Relations Court in Kisumu has dismissed a claim by 29 Bird Scouts employed by the Kenya Airports Authority (KAA) who were seeking more than Ksh66 million in alleged salary and allowance arrears, dealing a blow to their long-running dispute over pay parity.
In his ruling, Justice Dr Jacob Gakeri found that the claim was legally unsustainable and dismissed it in its entirety, holding that KAA lawfully implemented its job grading structure and corresponding salary adjustments.
“Flowing from the foregoing findings, it is discernible that the claimant’s case is unsustainable. It is for dismissal and it is accordingly dismissed,” the judge ruled.
The Bird Scouts had argued that after their promotion from Job Group S3 to S4 in May 2024, their salaries and allowances ought to have been backdated to the dates of their confirmation, similar to what they claimed was done for other KAA staff, including Firefighters and Security Wardens.
According to the claimants, the failure to backdate their pay amounted to discrimination and constituted an unfair labour practice under employment law. They maintained that they were unfairly treated despite serving the authority for many years.
Court records show that the Bird Scouts were employed between 2007 and 2016 and are tasked with managing birds and other wildlife within airport environments, a role aimed at minimising aviation safety risks. Their duties include wildlife control at major facilities such as Jomo Kenyatta International Airport (JKIA).
The claimants told the court that they had undertaken various short courses and obtained certificates required for regulatory compliance, yet their career progression and remuneration remained lower compared to employees they considered to be in similar operational roles.
KAA, however, strongly opposed the claim, arguing that the roles of Bird Scouts are fundamentally different from those of Firefighters and Security Wardens.
According to KAA, Firefighters and Security Wardens are required to complete recognised professional certification courses followed by at least one year of structured on-the-job training before being confirmed at Job Group S4. These requirements, the authority argued, justified the differences in pay and career progression.
In contrast, KAA submitted that Bird Scouts are only required to possess a basic O-level certificate and computer literacy to perform their duties.
Justice Gakeri reviewed appointment letters, promotion records, internal policies, and KAA’s organisational structure before concluding that the Bird Scouts were properly promoted to Job Group S4 with effect from May 1, 2024, following the introduction of a revised job grading framework.
The court further found no evidence to support the claim that Firefighters or Security Wardens received backdated salaries upon promotion. As a result, the comparison relied upon by the claimants was deemed unsubstantiated.
In his ruling, the judge emphasised that differences in job roles, training requirements, and risk exposure justified variations in remuneration and career progression. He held that the claimants had failed to prove discrimination or unequal treatment under the law.
The decision brings to a close a dispute that had raised broader questions about pay equity within state agencies and the criteria used to determine job grading and promotions.
While the ruling favours KAA, it also highlights the challenges faced by specialised support staff within public institutions who often struggle for recognition and improved remuneration.
