NAIROBI CMEL CASE NO. 1426 OF 2019
JAMES MBAYA ITHIMA -VS- UNIVERSITY OF NAIROBI
On September 3rd, 2019, Mr. James Mbaya Ithima 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. 2,982,866.60/=
- Costs of the suit.
The University won a case filed against it by Mr. James Mbaya Ithima for a claim of Kshs. 2,982,866.60/= being alleged unpaid gratuity arrears upon retirement. The University had paid him Kshs. 517,579/= as per the respective CBAs applicable. Mr. Ithima however contended that the University should have paid him Kshs 2,982,866.60/=.
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 1986 when Mr. Ithima was employed.
In her judgement delivered on October 22nd, 2020, Senior Resident Magistrate, Hon E. Wanjala (Miss) observed that the Claimant was paid gratuity at the rate of 28 days from 1989 to 2015 and from July 2015 to August 23rd, 2016 when she retired.
The Senior Resident 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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