Technical University of Mombasa to pay former VC Josephat Mwatela for wrongful sack

Former Technical University of Mombasa Vice Chancellor Prof. Josphat Mwatel during a recent graduation ceremony at the Institution in the year 2015. Prof. Mwatela sued the Institution for wrong dismissal. Photo/Kelvin Karani

Former Technical University of Mombasa (TUM) Vice Chancellor Josephat Mwatela will be paid Sh28 million compensation for wrongful dismissal.

The figure was arrived at after months of negotiation between the former VC and the institution following a court ruling that awarded him Sh38 million.

The Labor and Industrial Court in Mombasa awarded Prof Mwatela Sh38 million including costs for the suit on January 27 for wrongful termination of his contract.

Justice Onesmous Makau ordered the university to pay Mwatela 12 months gross salary and all benefits and terminal dues accruing from his employment contract. Makau faulted the decision by Education Cabinet Secretary Fred Matiang’i to terminate Mwatela’s contract with TUM.

“It is found out that in all the circumstances of the case, the employer did not act in accordance with justice and equity in terminating the employment of the employee,” he ruled.

Mwatela was dismissed following investigations that raised concerns about integrity, abuse of office and maladministration in the office of the VC.

Dr Matiang’i overruled the University Council, which had given a warning letter to the former VC, who was on suspension since February 25 after he was found guilty of 8 out of 10 charges leveled against him.

Yesterday, Mwatela who lectures now at Jomo Kenyatta University of Agriculture and Technology said that he negotiated with the university to pay him the Sh28 million instead of Sh40 million.

“The court had awarded me Sh38 million plus cost for the suit and if I was to factor in the interest accrued for the delay in payment it would amount to Sh40 million. However we settled for the Sh28 million,” he said.