Joseph Mungai Keriko v Jomo Kenyatta University of Agriculture and Technology & 2 others [2022] KEELRC 1036 (KLR)
The bottom line
#A Kenyan university professor won Kshs.11.87 million in salary arrears after the court rejected both sides' calculations and did the maths itself.
What this practically means
#Executive summary
#Key legal issues
#Correct tabulation of salary arrears
The tabulation must apply the salary of the substantive post of Professor but without reducing the last salary received as Principal; both parties' tabulations failed this test
The judgment required payment of the salary attached to the Claimant's substantive post, provided he did not receive less than his last basic salary as Principal. The Respondent clarified the Principal's salary was not subject to CBA and the Claimant was at the ceiling of his scale, so no 4% increment applied. The court computed the differences month by month from 2014 to September 2021, arriving at Kshs.11,870,575.75 on basic salary alone.
Entitlement to further increments
No further increment is payable until the substantive post salary catches up with the salary being earned
Because the Claimant's current salary remains higher than that of his substantive post of Professor, granting increments would widen the disparity contrary to the judgment's scheme. The presumption is that after September 2021 the Respondent has been paying the correct salary.
Interest on the tabulated award
Interest accrues only on the amount due up to the date of judgment, less the amount already paid
The original judgment directed interest at court rates from the date of filing suit on the withheld salary arrears. In giving effect to that judgment, the court confined interest to the amount found due up to judgment, less payments already made, reflecting that the balance represents tabulated arrears.
Legal principles established
#- Where an employee on tour of duty is to be paid the salary of his substantive post, the award must not reduce the salary he last earned in the substantive position held, and no further increment accrues until the substantive post's salary catches up with the salary currently earned
Court orders
#- 1.Final judgment entered for the Claimant against the Respondent in the total sum of Kshs.11,870,575.75 as at September 2021
- 2.No further increment payable to the Claimant until the salary for his substantive post catches up with the salary he is earning
- 3.No arrears of house allowance or commuter allowance payable
- 4.Interest to be paid only on the amount due up to date of judgment, less the amount already paid
- 5.The 1st Respondent to pay the Claimant's costs for the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the underlying employment claim; judgment follows and implements the Court's judgment of 12th June 2020
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Mungai Keriko v Jomo Kenyatta University of Agriculture and Technology & 2 others [2022] KEELRC 1036 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1036/eng@2022-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.