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Court of AppealDismissedAppeal from ELRC Kisumu (case number not stated in judgment)· [2025] KECA 1770 (KLR)

Professor Charles Chunge v Masinde Muliro University of Science & Technology

Court of Appeal of Kenya
24 October 2025
2,444 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal confirmed that a university professorship cannot be granted by a title in a letter—you must prove the required academic qualifications.

What this practically means

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Executive summary

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The appellant, Dr. Charles Chunge, responded to an advertisement by Masinde Muliro University of Science and Technology for the position of Executive Dean, School of Medicine, was interviewed and received an offer letter dated 27th July 2015 addressed to him as 'Professor'. By a letter dated 10th March 2017 the University addressed him as 'Dr.' and stated that the reference to him as 'Professor' was an error, inviting him to tender his candidature for consideration as Associate Professor. He sued in the Employment and Labour Relations Court at Kisumu, seeking declarations of breach, constructive dismissal and discrimination, injunctions, instatement and damages. On 10th March 2021 S. Radido, J. dismissed the claim, holding there was no unfair, unlawful or unilateral alteration of the contract. On appeal, the Court of Appeal (Asike-Makhandia, H.A. Omondi and A.O. Muchelule, JJ.A) restated the first appellate court's duty to re-evaluate evidence, and held that the advertisement made simultaneous appointment as professor conditional on qualification; the body of the offer letter did not appoint the appellant as professor, and a salutation could not confer so important an appointment. The appellant failed to demonstrate that he held the prescribed qualifications in 2015, and an Ad Hoc Committee found he did not qualify. The Court held that the 2017 letter merely corrected an error and neither stripped him of a position nor varied the contract. The appeal was dismissed with costs to the respondent.

Key legal issues

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01

Whether the salutation 'Dear Prof Chunge' in the letter of offer conferred the position of professor on the appellant

Holding

The reference to 'Professor' in the offer letter was an error that did not confer the position; correcting it in the letter of 10th March 2017 did not vary the terms of employment.

Reasoning

The letter of offer was for appointment as Executive Dean, School of Medicine, with no reference in its body to appointment as professor. The advertisement made professorial appointment conditional on qualification. Appointment as professor requires demonstrated qualifications under the CUE Harmonised Criteria and Guidelines, and cannot arise by implication from a salutation. The Ad Hoc Committee found the appellant unqualified, so the 2017 letter merely corrected an error rather than stripping a title.

p. 5
02

Whether the trial judge erred in determining the appellant's qualifications, thereby 'rewriting' the contract

Holding

The court did not rewrite the contract; it was for the appellant to show he held the requisite qualifications in 2015, which he failed to do.

Reasoning

The appellant did not lay any evidential foundation of the qualifications required for a professorship in 2015, nor claim before the trial court that he had them at interview. An Ad Hoc Committee set up to review him found he did not qualify. The court cannot confer a professorship on an unqualified academic; the respondent's advice to tender candidature for professor/associate professor was not taken up.

p. 5
03

The standard of interference by a first appellate court with the trial court's findings of fact

Holding

The Court of Appeal, as a first appellate court, must reconsider and evaluate the evidence but interfere with findings of fact only on the established grounds.

Reasoning

Relying on Kenya Ports Authority v Kuston Kenya Limited and Mwanasokoni v Kenya Bus Limited, the Court restated that a first appellate court reconsiders the evidence and draws its own conclusions, while bearing in mind it neither saw nor heard the witnesses, and interferes with findings of fact only where they rest on no evidence, misapprehension of evidence, or wrong principles. Finding no such defect, it declined to depart from the trial court's findings.

p. 5

Legal principles established

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  • Appointment as a university professor cannot be conferred by implication or by a mere salutation in an offer letter; the candidate must demonstrate the prescribed qualifications.
  • A court of law cannot confer the position of professor on an academic who does not meet the prescribed criteria and guidelines.
  • A first appellate court must reconsider and evaluate the evidence afresh, interfering with findings of fact only where the decision is based on no evidence, misapprehension of the evidence, or wrong principles.

Court orders

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  1. 1.The appeal is dismissed with costs to the respondent
On appeal from
Employment and Labour Relations Court, Kisumu
Jurisdiction invoked
First appellate jurisdiction (appeal from the Employment and Labour Relations Court); specific constitutional or statutory provision not cited in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Professor Charles Chunge v Masinde Muliro University of Science & Technology", Case Analysis (2025). Appeal from ELRC Kisumu (case number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1770/eng@2025-10-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.