Davy Koech, former Kenya Medical Research Institute (Kemri) director. Photo/File
A judge has suspended the Sh125 million claim suit by former Kenya Medical Research Institute (Kemri) director Davy Koech for alleged wrongful termination.
Commercial Court judge Daniel Musinga ruled in favour of Kemri’s application and stayed proceedings to allow the institution to pursue the intended appeal challenging a ruling by Mr Justice Kihara Kariuki.
Dr Koech sued his former employer two years ago demanding Sh125 million terminal dues and other damages for breach of employment contract. The services of the researcher were terminated on September 18, 2008.
Kemri contested the suit, saying the High Court had no jurisdiction to determine the issues advanced by Dr Koech and urged Mr Justice Kariuki to dismiss the case.
On July 15, 2011, the judge threw out the Kemri’s application and allowed the researcher to pursue his claim.
Kemri filed a notice to appeal the decision, saying the Industrial Court was the right forum to handle the dispute.
But Dr Koech argued his claim was not only for damages for alleged breach of employment contract but also for compensation for tarnished reputation and defamation “which cannot be heard and granted by the Industrial Court.”
Judge Musinga observed that whereas it had been held the superior court has jurisdiction to hear and determine such disputes, sections of the law gave the Industrial Court the mandate to arbitrate.
PAYE Tax Calculator
Note: The results are not exact but very close to the actual.
