The Mount Kenya University (MKU) owned by tycoon Simon Gicharu will now pay Professor Moni Wekesa Sh6.8million for unfairly terminating him, the Employment and Labour Relations Court has ruled.
Prof Wekesa who teaches at Daystar University sued MKU for illegally sacking him seeking Sh46, 172,728 in compensation for violation of various constitutional rights.
But the Employment and Labour Relations Court (ELC) granted the professor the equivalent of nine months’ salary in compensation for unfair termination, damages for multiple constitutional violations, balance of severance pay, all adding up to Sh6, 855,170.
This prompted the MKU to appeal and petition the court to issue temporary stay orders suspending implementation of the same during an appeal because if it wins in the appeal, the orders of the Court of Appeal may be insignificant because of the possible inability to recover the funds from the Professor.
But Justice Rika disagreed.
“This petition was filed in 2016, eight years ago, and the Court has dealt with it comprehensively, fairly and to the best of its ability, and finds no reason to prolong (Prof. Wekesa’s) eight-year wait for a remedy. If there is a fault in the grant of remedy, the position can be corrected on appeal without any prejudice to (MKU).” The judge ruled.
The varsity claims the award to the professor of law was inordinately high and unfounded which Justice Rika dismissed.
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Through an affidavit of its Human resources officer Stella Nzilani, sworn on April 2, 2024, MKU claimed that the trial court which granted Prof Wekesa the amount, was in error, by granting separate remedies under the Employment Act and the constitution.
The varsity argued that Prof Wekesa’s employment was governed by his contract and private law but Justice Rika disagreed with the averment.
The judge noted that MKU did not cite any law, which states that statutory remedies are granted in exclusion of constitutional remedies.
“There is no persuasion, in the submission (by MKU) that grant of statutory remedy alone, should have sufficed, and that grant of constitutional remedy for the grave violations which were established by (Prof. Wekesa) was erroneous and led to an inordinately high award.” Justice Rika said in his ruling.
He said MKU ignored the nature of its violations against the Professor, the totality of the evidence on record, and its submissions on compensation and damages, in submitting that the award was inordinately high.
The judge said he does not think that refusal to stay the execution of the decision (for payment of Prof Wekesa) would in any way prejudice the (MKU’s) appeal.
“The Petitioner (Prof Wekesa) pursued a total sum of Sh46,172,728. The Court not only declined to grant this inordinately high sum, but also decried the emerging trend, where employment claims are being converted into a cash-grab industry, and allowed the Petitioner, who is a Professor of Law, a modest sum of Sh6,855,170.
The Court knocked off a staggering sum of about Sh40 million, from the sum demanded by the petitioner.” Justice Rika ruled.
“There is no persuasion, in the submission (by MKU) that grant of statutory remedy alone, should have sufficed, and that grant of constitutional remedy for the grave violations which were established by the Petitioner was erroneous, and led to an inordinately high award. The (MKU) has not cited any law, which states that statutory remedies are granted in exclusion to constitutional remedies.” The ruling adds in part.
