Okwara v Kenya Methodist University [2022] KEELRC 5 (KLR)

Okwara v Kenya Methodist University (Cause 68 of 2017) [2022] KEELRC 5 (KLR) (Employment and Labour) (26 April 2022) (Ruling)

Neutral citation: [2022] KEELRC 5 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause 68 of 2017

Nzioki wa Makau, J

April 26, 2022

Between

Isaac Nyongesa Okwara

Claimant

and

Kenya Methodist University

Respondent

Ruling

1. The application before me is the one seeking payment of Kshs. 60,000/- claimed as a difference between the sum paid for the lectures undertaken by the Claimant, interest on the sum as well as costs. The Claimant is not entitled to the sum of Kshs. 60,000/- as he did not teach full classes as shown by the claim forms he lodged. One unit, Juvenile Criminology BCSM 211 had only one student and the 66th Senate having determined that the class size would offer a differential in pay, the Claimant cannot recover the extra amount claimed. The Claimant is entitled to costs of the suit however as he had to file suit to recover the sums owed in respect of his teaching. The costs shall be pegged on the sum of Kshs. 480,000/- and granted the Respondent erred in delayed payment the Claimant would be entitled to interest at Court rates on the sum of 480,000/- from the date of the consent till payment in full.It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 26TH DAY OF APRIL 2022NZIOKI WA MAKAUJUDGE