[2022] KEELRC 5 (KLR)
The court found that the claimant was not entitled to the additional Kshs. 60,000/- because he did not teach full classes, as evidenced by the claim forms and the university's policy determined by the 66th Senate. However, since the respondent delayed payment of the sum owed for teaching, the claimant was entitled...
Source-derived case information.
- Citation
- [2022] KEELRC 5 (KLR)
- Parties
- Claimant: Isaac Nyongesa Okwara; Respondent: Kenya Methodist University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 68 of 2017
- Procedural Posture
- Employment Cause / Ruling on Application for Payment of Salary Difference, Interest, and Costs
- Outcome
- Application partly allowed; claim for Kshs. 60,000/- dismissed; costs and interest on Kshs. 480,000/- awarded to claimant.
- Judges
- Nzioki wa Makau
- Legal Topics
- Salary Disputes, Teaching Contracts, Interest on Arrears, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Nyongesa Okwara
Claimant
Kenya Methodist University
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Payment of Salary Difference, Interest, and Costs
Legal Issues
- 1 Whether the claimant is entitled to payment of Kshs. 60,000/- as a difference for lectures undertaken.
- 2 Whether the claimant is entitled to interest on the claimed sum and costs of the suit.
Ratio Decidendi
The court found that the claimant was not entitled to the additional Kshs. 60,000/- because he did not teach full classes, as evidenced by the claim forms and the university's policy determined by the 66th Senate. However, since the respondent delayed payment of the sum owed for teaching, the claimant was entitled to costs pegged on Kshs. 480,000/- and interest at court rates from the date of consent until full payment. The court thus partially allowed the application, granting costs and interest but denying the additional salary difference claim.
Court Disposition
Application partly allowed; claim for Kshs. 60,000/- dismissed; costs and interest on Kshs. 480,000/- awarded to claimant.
Orders
- Claim for Kshs. 60,000/- as salary difference is dismissed.
- Respondent to pay costs of the suit pegged on Kshs. 480,000/-.
Full Case Text
Judgment text and source record
16 paragraphs
Okwara v Kenya Methodist University (Cause 68 of 2017) [2022] KEELRC 5 (KLR) (Employment and Labour) (26 April 2022) (Ruling)
Neutral citation: [2022] KEELRC 5 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 68 of 2017
Nzioki wa Makau, J
April 26, 2022
Between
Isaac Nyongesa Okwara
Claimant
and
Kenya Methodist University
Respondent
Ruling
1. The application before me is the one seeking payment of Kshs. 60,000/- claimed as a difference between the sum paid for the lectures undertaken by the Claimant, interest on the sum as well as costs. The Claimant is not entitled to the sum of Kshs. 60,000/- as he did not teach full classes as shown by the claim forms he lodged. One unit, Juvenile Criminology BCSM 211 had only one student and the 66th Senate having determined that the class size would offer a differential in pay, the Claimant cannot recover the extra amount claimed. The Claimant is entitled to costs of the suit however as he had to file suit to recover the sums owed in respect of his teaching. The costs shall be pegged on the sum of Kshs. 480,000/- and granted the Respondent erred in delayed payment the Claimant would be entitled to interest at Court rates on the sum of 480,000/- from the date of the consent till payment in full.It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 26TH DAY OF APRIL 2022NZIOKI WA MAKAUJUDGE