Mount Kenya University (MKU) has been ordered to pay Professor Moni Wekesa Sh6.8 million for unfairly terminating his employment.
Professor Wekesa, who is currently teaching at Daystar University, had sued MKU for wrongful dismissal, initially seeking Sh46,172,728 in damages for various constitutional rights violations.
The Employment and Labour Relations Court (ELC) awarded him Sh6,855,170, which includes nine months’ salary, damages for constitutional violations, and severance pay.
MKU subsequently appealed the decision and requested a temporary stay on the implementation of the ruling.
The university argued that if it won the appeal, it might struggle to recover the funds from Professor Wekesa. However, Justice Rika denied the stay request.
“This petition has been pending since 2016, and the Court has addressed it comprehensively and fairly. There is no reason to delay Professor Wekesa’s long-awaited remedy. Any errors in the remedy granted can be corrected on appeal without causing prejudice to MKU,” Justice Rika stated.
MKU contended that the compensation awarded was excessively high and not supported by the law.
They also claimed that the trial court erred by awarding remedies under both the Employment Act and the Constitution.
In response, Justice Rika noted that MKU had not cited any legal authority indicating that statutory remedies should exclude constitutional remedies.
He emphasized that the court’s decision was based on the gravity of the violations against Professor Wekesa and the evidence presented.
Justice Rika remarked that MKU’s argument did not persuade him, stating, “The Court reduced the initial claim by nearly Sh40 million and awarded a modest sum. There is no basis for the claim that statutory remedies alone should suffice, nor that granting constitutional remedies was erroneous.”
The judge concluded that refusing to stay the execution of the payment order would not prejudice MKU’s appeal.