THE UNIVERSITY OF NAIROBI WINS COURT CASE

                         STEPHEN OTIENO OGUTU VERSUS UNIVERSITY OF NAIROBI

                                                    CMEL NO. 33 OF 2019

The University won a case filed by Stephen Otieno Ogutu. His contract of employment had ended in May 2018 and the University did not renew it.

He sought to be paid salary arrears for the 9 months worked from May 2018 without pay, compensation for wrongful withholding of salary and for being subjected to servitude by without pay and permanent injunction restraining the University of Nairobi from unlawfully terminating his contract without following due process of the law.

The University filed a Replying Affidavit that the Applicant’s contract elapsed in May 2018 and was not renewed thus he was no longer an employee of the University of Nairobi and basing on the above the Claimant was not entitled to the orders sought.

The court observed that the Mr. Stephen Otieno Ogutu unsuccessfully applied for advertised positions in the University, was not employed on permanent and pensionable terms but on contract which was lawfully terminated and his application lacked merit or threshold for interlocutory orders.

The court thus dismissed the case with costs to the University.

The University won a case filed by Stephen Otieno Ogutu. His contract of employment had ended in May 2018 and the University did not renew it.

He sought to be paid salary arrears for the 9 months worked from May 2018 without pay, compensation for wrongful withholding of salary and for being subjected to servitude by without pay and permanent injunction restraining the University of Nairobi from unlawfully terminating his contract without following due process of the law.

The University filed a Replying Affidavit that the Applicant’s contract elapsed in May 2018 and was not renewed thus he was no longer an employee of the University of Nairobi and basing on the above the Claimant was not entitled to the orders sought.

The court observed that the Mr. Stephen Otieno Ogutu unsuccessfully applied for advertised positions in the University, was not employed on permanent and pensionable terms but on contract which was lawfully terminated and his application lacked merit or threshold for interlocutory orders.

The court thus dismissed the case with costs to the University.