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Driver paid Sh340,000 for breach of job contract

By Robert Amalemba | May 5th 2021

A driver who was sacked by Jaramogi Oginga Odinga University of Science and Technology has been awarded Sh342,316 for a breach of his contract.

Justice Stephen Radido of the Kisumu Employment and Labour court observed that Edwin Mutanda was fairly sacked for forging a work ticket and his argument that he was being victimised because he was a union official was untenable.

“The court finds that the summary dismissal of Mutanda was fair. But I will award him a sum for the breach of his employment contract,” said the judge last week.

Mutanda alleged that he was victimised on the grounds of his being a deputy secretary of the Kenya Universities Staff Union (KUSU) and for having agreed to be a witness in a criminal complaint against the vice-chancellor.

The university, however, contended that his dismissal was based on his negligence and careless performance of his duties. The particulars given were that he falsified a work ticket.

The court found out that the entries in the work ticket were deliberate and were meant to claim a higher daily subsistence allowance.

Mutanda challenged the university’s disciplinary process on several grounds, including that the committee was not properly constituted because “it was co-chaired by the VC and was thus biased.”

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He also argued that trade union officials present during the hearing of his case did not represent his interest in the true letter and spirit of unionism.   

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