JUDGMENT OF THE COURT
The Respondent, Eric Rading Outa, sued the appellant, United States International University at the Industrial Court (now re-named Employment and Labour Relations Court) at Nairobi. It was stated in the statement of claim amongst other things that the respondent was employed by the appellant as its Vice Chancellor, Finance and Administration through a letter dated 20th December, 2004. It was further claimed that on 3rd January 2010 the respondent was summoned by the appellant's Vice Chancellor and was given two options: to either resign or be sacked, and that because the respondent refused to take the option of resigning, his services were terminated the same day. His claims were denied by the appellant in a statement of defence filed in that court.
The matter was heard by Justice Isaac E.K Mukunya who delivered an award on 30th December, 2011 where it was ordered that the respondent be reinstated to his office forthwith at the salary he was earning at the time of …