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Osoro v University of Nairobi (Cause E720 of 2021) [2023] KEELRC 1376 (KLR) (31 May 2023) (Judgment)

[2023] KEELRC 1376 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1376
Citation
[2023] KEELRC 1376 (KLR)
Decided
31 May 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DiscriminationPostureAppeal from the Employment and Labour Relations Court to the Court of AppealCoramJAMES RIKA
Holding

The Court declared that the University of Nairobi's actions against the claimant amounted to discrimination and ordered the university to pay the claimant arrears of clinical allowance and general damages.

Facts

The claimant Ronald Wandera Osoro was employed as a Tutorial Fellow by the University of Nairobi. He was entitled to a basic salary and clinical allowance, which was later increased. The claimant did not receive his arrears of clinical allowance and sought compensation.

Issues

  1. Whether the University of Nairobi's actions against the claimant constituted discrimination
  2. Whether the claimant is entitled to arrears of clinical allowance and general damages

Reasoning

The Court found that the claimant was an eligible employee and that the university's actions were discriminatory.

Outcome

In favor of the claimant

Orders

  • The record is corrected to indicate that the cause is before the Employment and Labour Relations Court at Nairobi
  • The Respondent shall pay the Claimant arrears of clinical allowance and general damages
  • Interest on the arrears of clinical allowance and general damages is granted at court rate

Remedies

  • Arrears of clinical allowance
  • General damages
  • Interest on arrears and damages

Authorities cited

Legislation (2)
  • Employment Act
  • Constitution of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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