Former varsity boss sues over exit benefits
By BOAZ KIPNGENOH | February 12th 2016
Former Egerton University Vice Chancellor James Tuitoek has moved to court to stop plans to cut his retirement benefits.
He is suing the Public Service Commission (PSC) and the University Council for plans to unlawfully deny him his retirement perks.
Nakuru Industrial and Labour Court judge Stephen Radido on Friday certified the suit as urgent. The certification came after the court heard PSC and the council were in the process of amending Prof Tuitoek's terms of service.
Justice Radido also granted Tuitoek leave to challenge the decision to vary his remuneration before the court for the purposes of reviewing and quashing it.
The professor who served his full two terms as VC submitted that PSC and the council's actions were aimed at denying him the package he is allowed to enjoy.
The court heard that his exit package had been set aside in accordance with the advice of PSC, through a letter dated September 16, 2015.
The letter also informed him that he would revert to his substantive appointment as full professor and would be paid remuneration appertaining to the post and not what he earned as a VC.
The new Vice Chancellor Rose Mwonya took office on January 19, becoming the first woman VC at the institution that has a bias for agriculture.
He said the council in 2008 passed a clause on terms and conditions of employment, which provided that senior management staff who had successfully served their terms as VCs, DVCs, and Principals of Campus College, and resumed their substantive academic position at the university would continue to earn their basic salary and house allowances of the previous post.
"The Actions are discriminatory against me as I am aware Mwangi Wathuta and LM Mumera who served under me as deputy VCs are enjoying the exit package in accordance with Clause 13," argued Tuitoek.
Tuitoek said the actions by PSC and the council amounts to changing his terms of employment contrary to established labour practice.
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