ELIUD I. MWENDA & 7 OTHERS v EGERTON UNIVERSITY [2006] KEHC 2444 (KLR)
- Court
- High Court of Kenya
- Case number
- 2444
- Citation
- [2006] KEHC 2444 (KLR)
- Decided
- 5 May 2006
The court declares that the defendant's action of stopping payment of owner occupier house allowance to the plaintiffs between October 2001 and June 2003 was unlawful and/or irregular. The defendant should pay the plaintiffs all the arrears of the said allowances accrued over the said period together with interest thereon at court rates.
Facts
The plaintiffs were employees of Egerton University who received owner occupier house allowance from July 1997. In September 2001, the defendant stopped paying this allowance and started paying ordinary house allowance, which was lower.
Issues
- Whether the defendant's action of stopping payment of owner occupier house allowance was lawful
- Whether the defendant should pay arrears of the said allowances
Reasoning
The court found that the defendant's action was not in accordance with the terms of the collective bargaining agreement and the memorandum of agreement. The circular from the head of Public Service did not abolish payment of owner occupier house allowance.
Outcome
The defendant is ordered to pay arrears of owner occupier house allowance to the plaintiffs.
Orders
- The defendant shall pay the plaintiffs all the arrears of the said allowances accrued over the said period together with interest thereon at court rates.
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