The University won a case filed against it by Ms. Celestine Indeche for a claim of Kshs. 2,168,837.88/= being alleged unpaid gratuity arrears upon promotion. The University had paid her Kshs. 474,609/= as per the respective CBA applicable. Ms. Indeche however contended that the University should have paid her Kshs 2,168,837.88/=.
The University in its defense denied the claim and averred that the gratuity paid was computed as per theCBA and that the CBA cannot be applied in retrospect as the effective date was July 1 st , 2015 and not 1980 when Ms. Indeche was employed.
In her ruling, Hon E. Wanjala observed that the Claimant was paid gratuity at the rate of 28 days from 1981 to 2015 and from July 2015 to the date of computing August 28th , 2016 when she was promoted.
The judge thus ruled 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.