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ELRCPartially AllowedEmployment and Labour Relations Cause 2234 of 2017· [2024] KEELRC 2433 (KLR)

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)

Employment and Labour Relations Court at Nairobi
30 September 2024
506 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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This is a final award of the Employment and Labour Relations Court at Nairobi in Employment and Labour Relations Cause 2234 of 2017, delivered virtually by ANNA NGIBUINI MWAURE, J on 30th September 2024. It follows the court's judgment of 13th February 2024, with pronouncement having been reserved on service charge and unpaid salaries. The claimant, Moses Nyambega Ondieki, had been found wrongfully terminated; what remained was quantification of dues. The respondents intimated unpaid dues of basic salary Kshs. 1,777,450/-, car allowance Kshs. 162,000/-, entertainment allowance Kshs. 156,000/-, responsibility allowance Kshs. 156,000/-, telephone allowance Kshs. 60,000/- and six months gross pay Kshs. 1,343,232/-. The claimant sought higher figures: salary arrears net Kshs. 4,489,009/-, accrued leave for 2015, 2017 and 2018 Kshs. 1,687,885/-, and service pay for 9 years 9 months Kshs. 6,622,344/-. The court issued a final award comprising 5 months' pay for wrongful termination (Kshs. 1,226,360/-), one month's salary in lieu of notice (Kshs. 245,272/-), service pay for 9 years 9 months (Kshs. 1,226,360/-), withheld basic salary (Kshs. 1,777,450/-), car, entertainment, responsibility and telephone allowances, six months basic salary (Kshs. 1,343,232/-) and leave pay (Kshs. 245,272/-). The total award of Kshs. 6,597,946/- attracts interest at 12% per annum from the date of judgment until full payment. No costs order is stated. The award was delivered virtually pursuant to COVID-19 directions of the Chief Justice, relying on Article 159(2)(d) and Article 48 of the Constitution and Section 1B of the Civil Procedure Act.

Key legal issues

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01

Quantum of terminal dues and unpaid salaries following judgment on liability

Holding

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.

Reasoning

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.

p. 1

Legal principles established

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  • 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

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  1. 1.Award of 5 months' pay for wrongful termination of Kshs. 1,226,360/-
  2. 2.One month salary in lieu of notice of Kshs. 245,272/-
  3. 3.Service pay for 9 years 9 months computed as 245,272x10/2x10 = Kshs. 1,226,360/-
  4. 4.Basic salary due withheld of Kshs. 1,777,450/-
  5. 5.Car allowance of Kshs. 162,000/-
  6. 6.Entertainment allowance of Kshs. 156,000/-
  7. 7.Responsibility allowance of Kshs. 156,000/-
  8. 8.Telephone allowance of Kshs. 60,000/-
  9. 9.Six months basic salary of Kshs. 1,343,232/-
  10. 10.Leave pay due of Kshs. 245,272/-
  11. 11.TOTAL AWARD of Kshs. 6,597,946/- plus interest at 12% p.a. from the date of judgment till full payment

Authorities

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Legislation

  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure Act (Chapter 21 of the Laws of Kenya)Section 1B
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Act (Cause filed under ELRC cause procedure)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.