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)
The bottom line
#A Kenyan court awarded a wrongfully dismissed university employee over Kshs. 6.5 million plus 12% annual interest until the employer pays in full.
What this practically means
#Executive summary
#Key legal issues
#Quantum of terminal dues and unpaid salaries following judgment on liability
The court awarded a total of Kshs. 6,597,946/- comprising compensation of 5 months for wrongful termination, one month in lieu of notice, service pay for 9 years 9 months, withheld basic salary, various allowances, six months basic salary and leave pay, with interest at 12% per annum.
Following its judgment of 13th February 2024, the court had reserved pronouncement on service charge and unpaid salaries. It considered the rival computations in the parties' submissions, the respondents intimating unpaid dues of basic salary, car, entertainment, responsibility, telephone allowances and six months gross pay, and the claimant claiming higher figures for salary arrears, accrued leave and service pay. The court settled on its own computation, awarding a global total of Kshs. 6,597,946/- with interest at 12% per annum from the date of judgment until full payment.
Legal principles established
#- A wrongfully terminated employee is entitled to compensation, notice pay, service pay, withheld salary, allowances and leave pay, with interest on the award.
Court orders
#- 1.Award of 5 months' pay for wrongful termination of Kshs. 1,226,360/-
- 2.One month salary in lieu of notice of Kshs. 245,272/-
- 3.Service pay for 9 years 9 months computed as 245,272x10/2x10 = Kshs. 1,226,360/-
- 4.Basic salary due withheld of Kshs. 1,777,450/-
- 5.Car allowance of Kshs. 162,000/-
- 6.Entertainment allowance of Kshs. 156,000/-
- 7.Responsibility allowance of Kshs. 156,000/-
- 8.Telephone allowance of Kshs. 60,000/-
- 9.Six months basic salary of Kshs. 1,343,232/-
- 10.Leave pay due of Kshs. 245,272/-
- 11.TOTAL AWARD of Kshs. 6,597,946/- plus interest at 12% p.a. from the date of judgment till full payment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Act (Cause filed under ELRC cause procedure)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "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)", Case Analysis (2024). Employment and Labour Relations Cause 2234 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2433/eng@2024-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.