James Kinyua v University of Nairobi [2019] KEELRC 983 (KLR)
The bottom line
#Kenya's Employment Court dismissed a dismissal claim because the termination happened in 1990, before laws requiring reasons and hearings existed.
What this practically means
#Executive summary
#Key legal issues
#Whether termination without reasons or a hearing was lawful in 1990
Termination was lawful under Clause 6(b) of the terms of service and Section 16 of the repealed Employment Act Cap 226, which permitted termination on notice or payment in lieu without reasons
The cause of action arose in 1990 when the applicable law was the repealed Employment Act Cap 226. That statute did not require reasons or a hearing; those requirements came with the Employment Act 2007. The parties' contract permitted termination on three months' notice or payment in lieu, which the Respondent invoked. The rule against retrospectivity barred reliance on the 2010 Constitution and the 2007 Act.
Whether the Claimant proved discriminatory treatment
The Claimant failed to prove discrimination; different outcomes for him and a colleague rested on confidential reports, conduct, performance and investigation reports
The Claimant argued the Review Committee recommended his termination while a colleague's suspension was upheld. The Committee's minutes showed the different treatment followed consideration of confidential reports, conduct, performance and the effect of continued employment for each employee. The Committee terminated other staff as well, so the differential treatment was justified and the discrimination claim failed.
Legal principles established
#- The Constitution of Kenya, 2010 and the Employment Act 2007 do not apply retrospectively to terminations that occurred before their commencement
- Under the repealed Employment Act Cap 226 an employer was not obliged to give reasons for termination or afford a hearing before termination
Court orders
#- 1.The claim is dismissed with no orders for costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under employment dispute (Employment Act regime)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "James Kinyua v University of Nairobi [2019] KEELRC 983 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/983/eng@2019-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.