COURT DISMISSES A CASE FILED AGAINST UNIVERSITY OF NAIROBI

MILIMANI ELRC NO.  2622 OF 2016

THOMAS JOHN KIBE WAWERU –VS- THE UNIVERSITY OF NAIROBI

SUMMARY JUDGEMENT

Thomas John Kibe Waweru filed a claim against the University of Nairobi dated 22nd December 2016 seeking an order declaring that the University acted unfairly and unlawfully in terminating/retiring him from employment by rescinding the contract offered to him on 28th September 2016 after realizing that he had attained the retirement age of 60 years. The University had renewed his one year contract on 13th September 2016 which was to run until 30th September 2017.

The break down of the Claim is as below;

1. A declaration that the University’s dismissing/terminating him from employment was unlawful and unfair.
2. Terminal benefits of                                                                  Kshs.2,634,028.40
3. Compensation for wrongful dismissal at equivalent of
4.  twelve (12) months Gross Salary  in the sum of                 Kshs.    711,912.00                                                           
5. Interest
6. Costs                                                                                _________________

                 Total                                                                     Kshs.3,345,940.40

7. A Certificate of Service

The University position was that the letter dated 13th September 2016 renewing Thomas’ contract was issued in error and was duly corrected by a letter dated 28th October 2016 rescinding the renewal before its effective date after realizing that he had attained  the mandatory retirement age of sixty (60) years  as required by the law and therefore there was no termination as he served his tenure until 30th September 2016 and that in the alternative, the said contract had been invalidated by its infringement of the retirement guidelines pursuant to the Gorvernment Circular OP.CAB2/7A dated 20th March 2009.

On making a determination Hon. Nzioki wa Makau, Judge delivered a judgement on 6th June 2022 dismissing the suit and awarding costs to the University observing that:

1. There was no unlawful termination of contract nor was there any legitimate expectation as Thomas John Kibe Waweu was issued with a letter 28th September 2016 rescinding the contract renewal dated 13th September 2016 of which the said contract was to be effective 1st October 2016. And was to run till 2017.
2. That the Claimant was not a Permanent and Pensionable employee and that the CBA that Thomas was putting referring to had been registered in court on 6th March 2017 long after he had left employment
3. Claim dismissed with costs to the University.