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University don seeks orders to attach his employer’s bank accounts for failing to compensate him Sh38 million

By Noah Cheploen
Sunday, May 24th, 2020
Former finance officer Hosea Sitienei (R) and Prof. Ezekiel Kiprop (R) with their lawyer Kipkoech Ngetich (c) at the Nakuru Law Courts last year. Prof Kiprop has moved to court seeking orders to attach the University's bank account over pay dispute. PHOTO/NOAH CHEPLOEN
In summary
    • Prof. Ezekiel Kiprop moved to court on Friday under the certificate of urgency accusing University of Eldoret of violating court orders including the latest one issued by the Supreme Court—the highest court in the land—three weeks ago.

A university don has moved to court seeking orders to attach the bank accounts of his employer for failing to pay Sh38 million in compensation for wrongful dismissal.

Prof. Ezekiel Kiprop moved to court on Friday under the certificate of urgency accusing University of Eldoret of violating court orders including the latest one issued by the Supreme Court—the highest court in the land—three weeks ago.

Through lawyer Kipkoech Ngetich, Prof Kiprop says that he is aware that the institution has sufficient funds in its account at the National Bank to pay his dues—and settle the matter once and for all.

Lawyer Kipkoech ngetich with former University of Eldoret Finance Officer Hosea Sitienei outside Nakuru law courts.

The Labour and Employment Court awarded him the sum last year after finding that he had been wrongly removed as Deputy Vice Chancellor in charge of Administration and Finance following student unrest that rocked the institution in 2015.

In its judgment, the Labour court termed the sacking illegal and unfair and ordered his reinstatement but the university moved to the Court of Appeal and later the Supreme Court where it recorded a string of losses.

“The respondents have blatantly and out of ill will declined, refused and/or neglected to settle the amounts awarded to the petitioners/applicants through the decree of this honourable court albeit without any justifiable reason,” lawyer Ngetich said on behalf of his client.

On October 18, 2018, the Court of Appeal delivered its Judgment in favour of the petitioners/applicants herein and found that the termination of their employment by the first respondent was null and void, he said.

Prof Kiprop was removed alongside Hosea Sitienei, a senior finance officer who has since retired. Mr Sitienei was awarded Sh14 million in salaries and allowances. Earlier, the petitioners had attached more than 20 high end vehicles belonging to the university in a bid to recover their monies.

Unless the orders sought herein are granted, the applicants stand to suffer irreparable as they shall not be able to enjoy the fruits of their judgment albeit without any justifiable cause, said Ngetich.

“That in the circumstances it would only be fair and just that this application is allowed…” he said.

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