Maurice Ajwang Owuor v Catholic University of Eastern Africa [2019] KEELRC 344 (KLR)
The bottom line
#A Kenyan court ruled a university couldn't cut a lecturer's allowances or pay him zero salary, ordering the money restored while the case continues.
What this practically means
#Executive summary
#Key legal issues
#Justification for stoppage of allowances before expiry of contract
The stoppage of the applicant's deanship and special allowances was unreasonable, unjustified and unlawful
The letter of 18th February 2019 gave no reasons, did not specify what the deanship allowance constituted as there was no such item in the contract or payslip, and stopped allowances before expiry of the contract. There was no evidence the applicant absconded duty; indeed the respondent invited renewal of the contract in December 2018 and renewed it in March 2019.
Nil salary payment
Paying the applicant a nil net salary in March 2019 breached Section 19(3) of the Employment Act
The March 2019 payslip showed deductions totalling the entire gross pay, leaving a net pay of zero. The court held this contravened the express provisions of Section 19(3) of the Employment Act, which requires payment of the full amount earned less lawful deductions.
Renewal terms deviating from original contract
The renewal terms could not lawfully remove allowances contained in the original contract
The renewed contract reduced the applicant to basic salary, house and transport allowances, dropping the responsibility, entertainment, telephone and negotiated special allowances. The court held a renewal cannot deviate from the original contract being renewed, and the letter of 18th February 2019 stopping allowances was premised on no contractual item.
Entitlement to injunction pending petition
The applicant satisfied the conditions for an injunction pending hearing and determination of the petition
Having found the stoppage of allowances unreasonable, unjustified and contrary to Section 19(3) of the Employment Act, the court concluded the applicant had established a prima facie case and met the conditions for interlocutory relief, restraining further deductions and directing reinstatement of deducted allowances pending the petition.
Legal principles established
#- An employer cannot pay an employee a nil salary; payment of salary is mandatory under Section 19(3) of the Employment Act
- A renewal of contract cannot deviate from the original contract that was being renewed
Court orders
#- 1.Pending hearing and determination of the petition, the respondent is restrained from deducting the allowances of the applicant and directed to reinstate the amount so deducted in the months of February and March 2019
- 2.The respondent is further directed to review the terms of renewal of applicant's contract and reinstate all allowances with the exception of the responsibility allowance of Kshs.40,000/= pending hearing and determination of the petition
- Jurisdiction invoked
- Articles 10(2)(c), 22(1) and (2)(a), (c), 23(1), 41(1), (2)(b), 47, 48, 50(1), 165, and 258(1) and (2)(c) of the Constitution of Kenya 2010; Rule 23 of the Constitution (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maurice Ajwang Owuor v Catholic University of Eastern Africa [2019] KEELRC 344 (KLR)", Case Analysis (2019). Petition (notice of motion dated 20th May 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/344/eng@2019-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.