Kisumu Court Awards Driver SH342 316 Over Contract Infringement

A Kisumu court has awarded a driver who was sacked by Jaramogi Oginga Odinga University of Science and Technology, JOUST, a sum of Sh342,316 for an infringement of his contract.

According to Justice Stephen Radido of the Kisumu Employment and Labour court, Edwin Mutanda’s dismissal was fair as he falsified a work ticket.

The court also observed that Mutanda's argument that he was being victimised because he was a union official was indefensible.

“The court finds that the summary dismissal of Mutanda was fair. But I will award him a sum for the breach of his employment contract,” pronounced the judge last week.

Mutanda claimed that his victimization was as a result of him being a deputy secretary of the Kenya Universities Staff Union (KUSU) and that he had conceded to testify in a criminal complaint against the university's vice-chancellor.

His employer, on the other hand, argued that Mutanda was dismissed because of negligence and careless performance of his duties.

According to the court observations, the entries in the work ticket were deliberate and meant to claim a higher daily subsistence allowance.

Mutanda maintained that the university's disciplinary committee was not properly formed because “it was co-chaired by the VC and was thus biased.”

He added that “trade union officials present during the hearing of my case did not represent my interest in the true letter and spirit of unionism”.