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MILCAH J. MUTWOL
V.
MOI UNIVERSITY

(2022) JELR 113712 (CA)

Court of Appeal 28 Apr 2022 Kenya
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- The appellant, Milcah J. Mutwol, was employed by Moi University as a Finance Officer and was placed on compulsory leave on May 4, 2016, amid allegations of financial mismanagement, followed by suspension and eventual termination on July 9

Case Details

Suit Number:Civil Appeal 118 of 2019
Judges:DK Musinga, JA SG Kairu, JA F Sichale, JA
Location:Eldoret

JUDGMENT

  1. The appellant, Milcah J. Mutwol, filed a statement of claim dated 24th July, 2018. The respondent herein, Moi University, was the respondent. In her claim, the appellant averred that on 4th May, 2016, she was sent on compulsory leave on the basis that her performance “…was dissatisfactory …while it reviewed the availed accounts of 2013/2014 and 2014/2015 financial years.” At the time she served as a Finance Officer. She detailed the sequence of events as follows:

    (1)On September 1, 2016(after a period of about 4 months, she was issued with a Notice to Show Cause which detailed a total of 19 infractions. She was to respond within 14 days. She did so on September 12, 2017.

    (2)On September 27, 2016, she was invited to appear before the Human Resource & Governance Committee of the Council onOctober 6, 2016at 10 a.m.

    (3)The appellant attended the meeting. However, on October 13, 2016, she was placed on suspension on half (½) salary. The suspension was subsequently extended on November…

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