[2024] KEELRC 2433 (KLR)
The court found that the claimant was wrongfully terminated and is entitled to compensation for five months' salary, one month salary in lieu of notice, service pay for the period served, unpaid basic salary, car, entertainment, responsibility, and telephone allowances, six months' basic salary, and leave pay. The...
Source-derived case information.
- Citation
- [2024] KEELRC 2433 (KLR)
- Parties
- Applicant: Moses Nyambega Ondieki; Respondent: The Vice Chancellor, Maasai Mara University; Respondent: The Chairman of Council, Maasai Mara University; Respondent: Maasai Mara University; Respondent: The Chairman, Audit Committee Maasai Mara University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause 2234 of 2017
- Procedural Posture
- Employment and Labour Cause / Final Award
- Outcome
- Claim allowed in part; award granted for wrongful termination and unpaid dues.
- Judges
- AN Mwaure
- Legal Topics
- Wrongful Termination, Unpaid Salaries, Service Pay, Employment Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Nyambega Ondieki
Applicant
The Vice Chancellor, Maasai Mara University
Respondent
The Chairman of Council, Maasai Mara University
Respondent
Maasai Mara University
Respondent
The Chairman, Audit Committee Maasai Mara University
Respondent
Procedural Posture
Employment and Labour Cause / Final Award
Legal Issues
- 1 Whether the claimant was wrongfully terminated from employment.
- 2 Whether the claimant is entitled to unpaid salaries and allowances.
- 3 Whether the claimant is entitled to service pay for the period served.
Ratio Decidendi
The court found that the claimant was wrongfully terminated and is entitled to compensation for five months' salary, one month salary in lieu of notice, service pay for the period served, unpaid basic salary, car, entertainment, responsibility, and telephone allowances, six months' basic salary, and leave pay. The court calculated the total award at Kshs. 6,597,946 plus interest at 12% per annum from the date of judgment until full payment. The court relied on statutory and contractual provisions governing employment relationships, emphasizing the right to fair termination and payment of all dues. The court also noted the necessity of delivering judgments virtually due to COVID-19...
Court Disposition
Claim allowed in part; award granted for wrongful termination and unpaid dues.
Orders
- The claimant is awarded Kshs. 6,597,946 plus interest at 12% per annum from the date of judgment until full payment.
- A signed copy of the judgment to be availed to each party upon payment of court fees.
Full Case Text
Judgment text and source record
28 paragraphs
Ondieki v Vice Chancellor, Maasai Mara University & 2 others; Chairman, Audit Committee Maasai Mara University (Interested Party) (Employment and Labour Relations Cause 2234 of 2017) [2024] KEELRC 2433 (KLR) (30 September 2024) (Award)
Neutral citation: [2024] KEELRC 2433 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause 2234 of 2017
AN Mwaure, J
September 30, 2024
Between
Moses Nyambega Ondieki
Claimant
and
The Vice Chancellor, Maasai Mara University
1st Respondent
The Chairman of Council, Maasai Mara University
2nd Respondent
Maasai Mara Univerdity
3rd Respondent
and
The Chairman, Audit Committee Maasai Mara University
Interested Party
Award
1. The court delivered its judgment on 13th February 2024.
2. The pending pronouncements were on service charge and unpaid salaries.
3. The respondent’s submissions intimated the unpaid dues were as follows:a.Basic salary Kshs. 1,777,450/-b.Car allowance Kshs. 162,000/-c.Entertainment allowance Kshs. 156,000/-d.Responsibility Kshs. 156,000/-e.Telephone Kshs. 60,000/-f.Six months gross pay Kshs. 1,343,232/-
4. The claimant’s submissions however are as follows:a.Salary arrears net Kshs. 4,489,009/-b.Accrued leave 2017, 2015 and 2018 Kshs. 1,687,885/-c.Service pay 9 years 9 months Kshs. 6,622,344/-
5. This is the final award:1. 5 months for wrongful termination Kshs. 1,226,360/-2. One month salary in lieu of notice Kshs. 245,272/-3. Service pay for unpaid period for 9 years 9 months 245,272x10/2x10 = Kshs. 1,226,360/-4. Basic salary due withheld Kshs. 1,777,450/-5. Car allowance Kshs. 162,000/-6. Entertainment allowance Kshs.156,000/-7. Responsibility allowance Kshs. 156,000/-8. Telephone allowance Kshs. 60,000/;-9. Six months basic salary 1,343,232/-10. Leave pay due 245,272/-TOTAL AWARD is Kshs 6,597,946/- plus interest at 12% p.a from the date of this judgment till full payment.
6Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 30TH DAY OF SEPTEMBER, 2024. OrderIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE