Peter Wanyama Ojiambo v Technical University of Kenya & 2 others [2016] KEELRC 1378 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1378
- Citation
- [2016] KEELRC 1378 (KLR)
- Decided
- 15 April 2016
Summary at a glance
TypeInterlocutory ApplicationPostureClaimant seeks orders for payment of salary arrears and directions on appointment letterCoramAbuodha Jorum Nelson
The Court declines to grant orders for payment of salary arrears and directs that the matter be resolved at the full trial.
Facts
Claimant was employed by the Technical University of Kenya as a part-time lecturer. He was offered an ambiguous appointment as a Part Time Lecturer (Grade IX/X) without a commensurate salary package. He sought directions on the appointment letter and payment of salary arrears.
Issues
- Interpretation of the ambiguous appointment letter
- Payment of salary arrears
- Appointment status and entitlement to higher perks
Reasoning
The Court found the claimant's application for an interlocutory order for payment of salary arrears to be akin to an interlocutory mandatory injunction, which can only issue in exceptional cases. The Court did not find the claimant's application to be an exceptional case.
Outcome
Application dismissed with costs
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