UNIVERSITY OF NAIROBI WINS A CASE ON EMPLOYMENT

CMEL E2008 OF 2021

JULIANA ATIENO OTENGO –VS- THE UNIVERSITY OF NAIROBI

On 19th November 2021, Juliana Atieno Otengo sued the University claiming:

1. A declaration that her dismissal from employment was unlawful and unfair
2. Terminal benefits of                                                                  Kshs.302,274.50
3. Salary for remainder of days of her contract in the sum of             Kshs.107,638.50
4. Salary arrears for June and July, 2021 of                              Kshs.61,931.00
5. Damages of breach of employment contract of                    Kshs.132,705.00
6. Interest                                                                             Kshs.338,547.440
7. Costs                                                                                Kshs.250,000.00

_________________

                        Total (Accumulated)                                                           Kshs.1,193,096.440

8. A Certificate of Service

The University position was that the Claimant was not an employee of the University as the Council (the employer and the appointing authority) was not involved and approved her alleged employment contract.

On 28th March, 2024, Hon. H. M. Ng’ang’a, Principal Magistrate rendered a judgement in favour of the University with costs by making findings and declaration that:-

1. Juliana Atieno Otengo employment contract was defective as it was created by a party acting Ultra Vires
2. Juliana Atieno Otengo was not an employee of the University, and 
3. Claim dismissed with costs to the University.

The outcome of the case is a win for the University on where the employer/appointing authority lies.