A Kenyan marine scientist who stayed jobless for 13 years after being sacked has been awarded Ksh53.5 million damages plus salary arrears.
Justice James Rika of the Industrial Court in Mombasa ruled that Dr Ezekiel Nyangoya Okwema, the former Kenya Marine and Fisheries Research Institute director, suffered multiple violations when he was unfairly and unlawfully terminated.
“It is declared the claimant’s summary dismissal was unfair and unlawful. The Respondent shall pay to the claimant Sh33,455,592 in salary arrears and Sh20 million in damages for unfair and unlawful termination, diminished employability and in compensation for related violations outlined in the award…interest to the claimant at 14 per cent per annum computed from the date of delivery of this award,” ruled Justice Rika.
The judge ordered that the salary arrears be calculated from December 1, 1999 when his salary was stopped until September 2012 when he learnt of his suspension from work based on his Sh218,664 monthly salary.
He declined the claimant’s submission that the arrears be pegged on Sh480,000 which was the salary payable to subsequent directors of Kenya Marine and Fisheries Research Institute after his dismissal.
“Employment remedies are guided by the principle of fair-go-all-round. Fair base rate would be the rate actually earned by the claimant at the point of exit, not what he expected he would earn, or what his successors earned. The claimant seeks 12 months’ salary at Sh5,760,000. He did not explain what this sum represents. The prayer is declined.”
“He is allowed Sh218,664 per month, for the period from December 1 1999 to September 2012, calculated at Sh218,664 x 153 months = Sh33,455,592.” The Judge also declined to reinstate Dr Okwema.
The genesis of Dr Okwema’s termination emanated from a complaint by an anonymous person in year 2000 that he engaged in corruption.
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