Egerton University Ex-VC Rose Mwonya wins case on terminal dues
Outgoing Vice-Chancellor of Egerton University, Prof Rose Mwonya, who has been replaced by Prof Isaac Kibwage.
The Employment and Labour Relations Court has ruled that former Egerton University Vice-Chancellor (VC) Rose Mwonya is entitled to Sh10.2 million in unpaid gratuity, unremitted pensions and Sh88,500 in Sacco deductions.
In a judgment, Justice David Nderitu stated that the amount awarded was a refund of deductions made from Prof Mwonya’s salary that were never forwarded to the university’s pension scheme.
The court clarified that this claim did not conflict with any pension payments, as the gratuity claim was legitimate and valid.
“The court has demonstrated that the claim for gratuity and the 10 percent pension (employee) deducted and not remitted to the pension scheme in the admitted sum of Sh10,168,766.40 has merit, and the same is hereby allowed,” Justice Nderitu ruled.
The judgment followed a legal battle that began on September 26, 2022, when Prof Mwonya filed a suit against Egerton University for failing to settle her terminal dues.
She claimed to have served the university for 23 years holding various academic and administrative positions before her retirement in 2021.
Starting as a senior lecturer, Prof Mwonya rose through the ranks to become an associate professor, full professor and eventually the deputy vice-chancellor before being appointed CV.
Her one-term contract as VC commenced in January 2016 and ended in January 2021 when she retired at the age of 70.
Prof Mwonya told the court that the university had failed to remit the money deducted from her salary to the Egerton University Pension Scheme and the Winam Sacco, amounting to Sh12.2 million, including accrued interest.
She had sent a formal demand to the university which admitted the failure but requested more time to process the payment, without fulfilling its obligation.
In its defence, the university contested the suit arguing that the court had no jurisdiction and shifting blame to Prof Mwonya for any financial mismanagement that occurred during her tenure.
However, she denied these allegations stating that the financial challenges faced by the university were due to inadequate funding for public universities in the country.
In its ruling, the court found that the university failed to provide any evidence to substantiate the allegations against Prof Mwonya.
Justice Nderitu emphasized that the don had served a full five-year term as Vice Chancellor, retiring upon reaching the mandatory retirement age of 70 and that the allegations against her were merely speculative.
“No evidence was availed of the alleged inaction or mismanagement on the part of the claimant (Prof Mwonya). In any event, the claimant served as the vice-chancellor for a full-term of five years and retired on attaining the mandatory age of retirement of 70 years,” the judge ruled.