Ex-varsity worker gets Sh800,000m for unlawful dismissal

A former Great Lakes University of Kisumu worker has been awarded over 800,000 by a court for unlawful dismissal.

Frank Kirwa sued the university seeking compensation alongside his eight former colleagues after they were shown the door in 2017.

However, the eight - Patrick Madanji, Elizabeth Ochieng, Bonface Omondi, Margret Kasenje, Ochola Odhiambo, Charles Wafula, Paul Onyango, and Henry Okinda  - got nothing after they failed to appear in court. Their lawyer too did not show up forcing Justice Christine Baari, of the Labour Court in Kisumu, to ignore their claims.

“In conclusion, the judgment is entered for the Kirwa against the university and its vice-chancellor who will pay him a 12 months’ salary as compensation for unfair termination amounting to Sh756,000 and one month’s salary in lieu of sacking notice at Sh63,000,” said Justice Baari said.

Baari added: “Eight of the claimants were absent and so was their counsel. Kirwa proceeded to testify in support of his case. The judgment herein, therefore, only relates to the claim by Kirwa. The rest of the claimants are deemed to have abandoned their claim.”

Kirwa argued that the university’s vice-chancellor unilaterally varied the terms of his contract in violation of his right to fair labour practices per Article 41 of the Constitution as it was made without consulting him.

In a memorandum of claim filed February 22, 2017 Kirwa lodged this claim, seeking compensation for unlawful termination, service pay, three months’ pay in lieu of notice, unpaid salaries, unpaid allowances, and pension, amongst other prayers.

The university filed a response to Kirwa's claim dated August 5, 2018, and denied his claim. 

And after listening to both sides, justice Baari determined that Kirwa deserved the compensation.