Ex-employees set to obtain Sh38 million from varsity

Lawyer Kipkoech Ng'etich (Centre) with his clients Professor Ezekiel Kiprop (Right) and Hosea Sitienei. [File, Standard]

The Employment and Labour Relations Court has allowed two senior University of Eldoret staff to obtain over Sh38 million from the institution.

Justice Monica Mbaru in a ruling delivered on Thursday allowed Prof Ezekiel Kiprop and Hosea Sitienei to proceed with partial execution of the orders of the court issued on July 9, 2019 and obtain a sum of Sh38,903,116 from the university pending taxation and bill of cost.

“The petitioners (Kiprop and Siteinei) shall proceed with partial execution of the decree issued on July 9, 2019 against the 10th respondent (University of Eldoret) in favour of the applicants for the sum of Sh38,903,116 before taxation of the party and party bill of cost,” stated Justice Mbaru in her ruling.

Kiprop and Sitienei were suspended in July 2015 following unrest at the university. They moved to court to challenge the suspension, which they termed unlawful.

Sitienei, before his suspension, served as Finance Officer while Kiprop was Deputy Vice Chancellor, Finance and Administration.

The court in July 2019 ruled in their favour. They were awarded damages and the court further ordered reinstatement of Sitienei. Sitienei was to be paid his salaries owing and due from January 16, 2016 to be paid up and until the due retirement date June 30, 2018, which amounted to Sh14,729,122.00.

Kiprop on the other hand was awarded Sh24,173,994.60 for being unlawfully terminated from employment.

The judgement was to be implemented within 30 days from date of delivery. This was however not implemented.

“Even after the lapse of the 30-day-period, the council have refused and neglected to pay the money in the judgement,” said lawyer Kipkoech.

The duo moved to court and initiated a contempt suit against nine members of the University Council.

Prof Teresa Akenga, Dr David Ojakaa, Clement Obure, Duncan Ndirangu, Zippora Kinaga, Teresa Chebet, Martin Ntabathia, Pamela Khayasi and Geoffrey Ouma being members of the council, have been named in the contempt suit.

Lawyer Kipkoech Ng’etich acting for the two, said Sitienei reported to his immediate supervisor, Deputy Vice Chancellor (Administration & Finance), at his place of work on July 22 and 23, 2019 following his reinstatement by the court but was denied access to his office. They accused the nine of disobeying court orders. The actions and omissions of the council, he said, have reduced the court’s decree to a piece of paper while his clients suffer irreparable loss.

The court noted that the nine council members could not give sufficient reasons why it has not obeyed orders of the court. The court warned that in the absence of compliance alternative orders take force.