NAIROBI CMEL NO. 1588 OF 2019
CALLEN N. MOSETI -VS-UNIVERSITY OF NAIROBI
On August 26th, 2019, Ms. Callen N. Moseti sued the University claiming:
- A declaration that the deliberate refusal to pay terminal benefits was irregular, wrongful and unlawful.
- The Claimant be paid his terminal benefits of Kshs. 2,128,596.72/=
- Costs of the suit.
- Interest on the above at court rates from Jene 30th, 2018.
The University won a case filed against it by Ms. Callen N. Moseti for a claim of Kshs. 2,128,586.72/= being alleged unpaid gratuity arrears upon retirement. The University had paid her Kshs. 511,119/= as per the respective CBAs applicable. Ms. Moseti however contended that the University should have paid her Kshs 2,128,586.72/=.
The University in its defense denied the claim and averred that the gratuity paid was computed as per the CBA 2013-2017 and that the CBA 2013-2017 cannot be applied in retrospect as the effective date was July 1st, 2015 and not 1989 when Ms. Moseti was employed.
In his judgement delivered virtually on January 28th, 2021, Principal Magistrate, Hon L. T. Lewa observed that the Claimant was paid gratuity at the rate of 28 days from 1989 to 2015 and from July 2015 to the date of computing October 16th, 2018 when she retired.
The Principal Magistrate thus observed that the claim lacked merit and dismissed it. The dismissal of the claim is a big win for the University in disputes concerning the time frame and percentage when computing gratuity claims payment in the staff grade establishment.
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