Francis Okello Odundo v Jaramogi Oginga Odinga Universtiy of Science and Technology [2017] KEELRC 1954 (KLR)
The bottom line
#A Kenyan court confirmed employers can lawfully deduct unpaid fees from salaries, but only employees who prove their entitlement with evidence will win.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant's terms of service provided for a 50% fee waiver
Not proved; conflicting versions of the Terms of Service existed and the Claimant failed to discharge the burden of proving his version was authentic.
The Claimant's copy of the Terms of Service provided for a 50% tuition waiver while the Respondent's copy referred waivers to the Staff Training Policy. The Claimant filed submissions only, which are not evidence, and did not adduce evidence proving his copy was authentic. He also did not address the Staff Training Policy or the Committee minutes granting Shs.80,000.
Whether the Respondent breached the terms of service by awarding only Shs.80,000 waiver
No breach; the waiver process under the Staff Training Policy was followed, subject to availability of funds and equity, and the Claimant received the highest award among 28 applicants.
Article 17.8 of the Staff Training Policy required the Staff Training and Development Committee to consider waiver requests subject to availability of funds and equity. Only Shs.1,500,000 was available against demands exceeding it. Minutes of 24th April 2014 show the Claimant among three PhD applicants all granted Shs.80,000, the highest award.
Whether the Claimant was entitled to refund of salary deductions
No; the deductions were lawful under Section 19(1)(h) of the Employment Act since the Claimant owed fee arrears and was given notice.
The Claimant admitted fee arrears of Shs.87,500, was allowed to graduate before paying full fees, and received a demand notice of 14th May giving him until 15th May 2015 to settle or arrange settlement before recovery from salary. Deductions were therefore authorised as repayment of an amount due in accordance with terms in writing.
Legal principles established
#- The party who wishes the court to believe a set of facts bears the burden of proving it, and written submissions are not evidence and cannot controvert facts in pleadings.
- An employer may deduct from wages amounts due under an agreement in writing, not exceeding fifty percent of wages, under Section 19(1)(h) of the Employment Act.
Court orders
#- 1.The Claimant's claim is dismissed.
- 2.No orders for costs (each party to bear own costs).
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment claim (Employment Act; Labour Relations Court Act) - not expressly cited in judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Okello Odundo v Jaramogi Oginga Odinga Universtiy of Science and Technology [2017] KEELRC 1954 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1954/eng@2017-01-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.