Former University of Eldoret Deputy vice chancellor Ezekiel Kiprop and Finance Officer Hosea Sitienei have petitioned the High Court to award them Sh100 million in damages for unfair sacking.
Appearing before Justice Monica Mbaru, the two through their lawyer Kipkoech Ng’etich claimed the university was in breach of their constitutional rights, adding that it lacked mandate to dismiss them.
Kipkoech argued, there was no transparency, fairness and accountability in his clients removal from office, saying it was witch-hunt by some of the institution’s top management to paint them in bad light.
“My clients were hounded out of office and their constitutional rights violated by the respondents. There was no transparency because the process was flawed,” said Kipkoech.
In their submissions yesterday, the two are also seeking to be reinstated to the institution saying they had five-year contract and that the positions do not have a substantive replacement. Ruling is set for June 17.
In 2016, the institution was barred from sacking the two.
Nakuru Labour Court Judge Stephen Radido issued the conservatory order after they were suspended over allegations of abetting unrest. They said the university council cannot sack them because it was not properly constituted.
“I would therefore agree with the respondents (University of Eldoret, the Vice Chancellor and the Attorney General) that this petition flouts the principle of res judicata and is therefore inopportune. It should not stand the test of time and space,” stated justice Marete in a judgement delivered on November 14, 2016.
Kiprop and Sitienei lodged an appeal. They claimed the University was in breach of constitutional and lacked mandate to dismiss them adding that they was no transparency, fairness and accountability in the termination process.
Appeal Court Judges Roselyn Nambuye, Sankale ole Kantai and Fatuma Sichale in October 2018 said the appeal by the two had merit and the judgment by Justice Marete was set aside.
The appellate court remitted the case back to the Employment and Labour Relations Court for assessment of appropriate remedies by a judge other that Justice Marete.