Malaya v Masinde Muliro University of Science and Technology [2024] KEELRC 148 (KLR)

Malaya v Masinde Muliro University of Science and Technology (Petition 5 of 2023) [2024] KEELRC 148 (KLR) (6 February 2024) (Judgment)

Neutral citation: [2024] KEELRC 148 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Kakamega

Petition 5 of 2023

JW Keli, J

February 6, 2024

IN THE MATTER OF THE ALLEGED CONTRAVENTION OF ARTICLES 2,3(1), 10, 19, 20, 21(1), 22,23,25(B), 27, 28, 30(1), 41(1) & (2) (A) 47 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF THE EMPLOYMENT ACT, 2007 AND THE PUBLIC SERVICE COMMISSION ACT, 2017 BETWEEN VINCENT CHIBINI MALAYA …………………..……….…….CLAIMANT VERSUS MASINDE MULIRO UNIVERSITY OF SCIENCE AND TECHNOLOGY……………………………RESPONDENT

Between

Vincent Chibini Malaya

Claimant

and

Masinde Muliro University of Science and Technology

Respondent

Judgment

1. The Court on the 23rd November 2023 delivered judgment in the suit and reserved for tabulation by the parties the issue of payable acting allowance as follows:-157. (C)I award the balance of 5% acting allowance from December 2015 to December 2020. The parties are to file in Court concurrently the tabulation of 5% basic salary of the University Librarian position over that period within 21 days to record the payable amount in Court at the next mention date of 23rd January 2024.

2. The Claimant filed his tabulation for the total sum of Kshs. 526,561. 55 on the 31st January 2024. The Respondent did not file.

3. When the parties appeared before me through their advocates on the 6th February 2024 the Respondent stated they did not dispute the tabulation by the Claimant.

4. Consequently the court enters judgment pursuant paragraph 157(c) of its judgment dated 23rd November 2023 as follows:-

5. The Claimant is awarded the balance of the 5% acting allowance from December 2015 to December 2020 for the total sum of Kshs. 526,561. 55.

6. The matter is marked as closed.

7. It is so Ordered.

DATED, SIGNED, AND DELIVERED ON THE 6TH OF FEBRUARY 2024 IN OPEN COURT AT KAKAMEGAJEMIMAH KELIJUDGEIn the presence ofC/A Lucy MachesoFor Claimant- Mutisya h/b Kanjama SC.For Respondent: Amaasa h/b Achola