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Uzima University College v. Erasto Omollo & Catholic University of East Africa

(2015) JELR 96409 (CA)

Court of Appeal  •  Civil Appeal 49 of 2014  •  19 Oct 2015  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellant is aggrieved by a judgment of the Industrial Court of Kenya at Kisumu (H. Wasilwa, J.) delivered on 1st April 2014 allowing the 1st respondent’s claim for Kshs. 2,626,902.00 in respect of underpayment of salary when he was in the employment of the appellant between December 2012 and August 2013.

2. That judgment was based on the court’s findings that the appellant employed the 1st respondent as an associate professor on terms and conditions set out in a letter dated 3rd June 2012; that the 1st respondent commenced employment on 3rd December 2012; that under the terms of employment the 1st respondent’s monthly salary was agreed at Kshs. 356,823.00; and that the appellant did not remunerate the 1st respondent in accordance with the agreement; that for the entire duration of the nine months that the 1st respondent worked, the appellant paid him a total of Kshs. 584,505.00 leaving a balance of Kshs. 2,626,902.00 that the court awarded to the 1st respon…

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