Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedNakuru ELRC Cause No. 220 of 2018 (consolidated with Nyeri ELRC Cause No. 31 of 2019)· [2020] KEELRC 30 (KLR)

James Mungai Muhia v Kenya National Union of Teachers & 2 others [2020] KEELRC 30 (KLR)

Employment and Labour Relations Court
12 October 2020
NMNzioki wa Makau
9,381 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~38 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled KNUT's rushed suspension of its Nakuru branch official was unfair, awarding him unpaid allowances, but confirmed retirement at sixty ends union office.

What this practically means

#

Executive summary

#
The Claimant, elected Executive Secretary of KNUT Nakuru Branch in February 2016, was suspended by a letter dated 19th August 2019 on grounds of dishonesty, failure to obey BEC decisions and abuse of office, following allegations that he irregularly paid himself Kshs. 480,000 from the KNUT Education Fund using three ATP vouchers. He sought declarations that the suspension was illegal, quashing of the suspension letter, a permanent injunction against investigation, and costs. He argued the allegations recycled those already impugned by the Nakuru court in 2018, that he received only three days' notice of a disciplinary meeting held on a public holiday, and that due process and natural justice were violated. The Respondents countered that the Claimant had attained the mandatory retirement age of sixty under the KNUT constitution and the Code of Regulations for Teachers, that the suspension followed a properly convened BEC meeting, and that the Claimant refused to attend or respond. The court held the disciplinary meeting did not amount to a fair trial because the notice was too short and the process flawed, rendering the suspension unfair and unlawful. However, it upheld the KNUT constitutional retirement age clause, finding the Claimant's service had ended by effluxion of time upon attaining sixty years. The court declined to comment on contempt findings pending before the Court of Appeal. Judgment was entered for the Claimant against the Respondents jointly and severally for Kshs. 378,805.80 with interest at 14% per annum from the date of judgment until payment in full, and costs of the suit on the lower scale.

Key legal issues

#
01

Lawfulness and fairness of the suspension

Holding

The suspension process was unfair and unlawful as the Claimant was given only three days' notice of a meeting on a public holiday and did not attend; the allegations were mere allegations of impropriety

Reasoning

The Claimant's invitation to the BEC meeting of 12th August 2019 was issued on 9th August 2019, a mere three days before, and the meeting was gazetted as a public holiday. Nothing showed such gravity that a short delay would have harmed the Respondent's operations. Applying Rebecca Ann Maina, the charges were not clear and the Claimant was not afforded sufficient time to prepare his defence; the meeting did not amount to a fair trial.

p. 8
02

Mandatory retirement age under the KNUT constitution

Holding

The Claimant's service ended by effluxion of time upon attaining sixty years; the retirement age clause of the KNUT constitution is upheld

Reasoning

The court agreed with Nduma J. in Joshua O. Ogalo that a union official shall cease to hold office upon attaining sixty years notwithstanding the term of office. Having obtained court orders suspending the retirement notice, the Claimant continued in office, but the court found his service at the Respondent came to an end by effluxion of time, leaving only the computation of allowances unresolved.

p. 8
03

Sums payable

Holding

The Respondents admitted owing Kshs. 378,805.80 after payments, which the Claimant is entitled to with interest at 14% per annum

Reasoning

In a letter dated 20th November 2019 the Respondent admitted owing the Claimant Kshs. 2,149,939/- for 2018-2019, of which Kshs. 1,913,783.50 was duly paid, leaving Kshs. 378,805.80 factoring additional payments. The court awarded this sum with interest at 14% per annum from the date of judgment until payment in full.

p. 8
04

Costs

Holding

As the Claimant was partly successful, the Respondents to meet his costs on the lower scale

Reasoning

Relying on Kuloba J (Rtd) in Judicial Hints on Civil Procedure, the court found a plaintiff enforcing a legal right without misconduct is entitled to costs as a matter of course. Since the Claimant was only partly successful, the court departed from full costs and ordered costs on the lower scale as appropriate in the circumstances.

p. 8
05

Contempt proceedings

Holding

The court declined to comment on compliance with court orders and contempt findings as the matter was pending before the Court of Appeal

Reasoning

The finding on contempt had been appealed, and the Court of Appeal on 7th August 2020 granted stay of execution of the ruling in Kenya National Union of Teachers Nakuru Branch & 2 Others v James Mungai Muhia. The subordinate court held it could not comment on a matter pending before a competent appellate court.

p. 8

Legal principles established

#
  • A union official ceases to hold office upon attaining the age of sixty years notwithstanding the unexpired term of office
  • Internal disciplinary proceedings require clear charges, sufficient time to prepare a defence, access to relevant documents and the right to call witnesses; failure renders the process unfair and unlawful
  • A party enforcing a legal right absent misconduct is entitled to costs as a matter of course

Court orders

#
  1. 1.Judgment entered for the Claimant against the Respondents jointly and severally for Kshs. 378,805.80
  2. 2.Interest on Kshs. 378,805.80 at 14% per annum from the date of judgment till payment in full
  3. 3.Costs of the suit on the lower scale to the Claimant

Authorities

#

Legislation

  • Constitution of Kenya, 2010Article 41 (fair labour practices)
  • Fair Administrative Action ActSection 4(4)
  • Teachers Service Commission Actretirement age of 60 years
  • Code of Regulations for Teachers, 2015Regulation 161(1)
  • Kenya National Union of Teachers Constitution, 2015Article XVIII (E) retirement; Article III 10 suspension; Article X(D)(4) notices of meetings
  • Judicial Hints on Civil Procedure, 2nd Edition (Kuloba)page 101

Cases cited (9)

  • Geothermal Development Company Limited v Attorney General & 3 Others
    [2013] eKLR
  • Republic v University of Nairobi Ex-Parte Lazarus Wakoli Kunani & 2 others
    [2017] eKLR
  • Rebecca Ann Maina & 2 Others v Jomo Kenyatta University of Agriculture and Technology
    [2014] eKLR
  • Donald C. Avude v Kenya Forest Service
    [2015] eKLR
  • Paul Kiplangat Kirui v Nairobi Water & Sewerage Company Limited
    [2019] eKLR
  • Joshua O. Ogalo v Kenya National Union of Teachers (KNUT) & Another
    [2020] eKLR
  • National Bank of Kenya Ltd. v Pipleplastic Samkolit (K) Ltd & Another
    [2002] EA 503
  • Republic v County Secretary and Head of Public Service, Bomet County & Another Ex parte Bernard Sowek
    [2017] eKLR
  • Kenya National Union of Teachers Nakuru Branch & 2 Others v James Mungai Muhia
    [2020] eKLR
Jurisdiction invoked
Employment and Labour Relations Court, per directions of the Court of Appeal in Nairobi Civil Appeal No. 5 of 2018 that Petition No. 6 of 2018 and ELRC Cause No. 220 of 2018 be heard on the merits on priority basis by an ELRC Judge sitting in Nyeri

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "James Mungai Muhia v Kenya National Union of Teachers & 2 others [2020] KEELRC 30 (KLR)", Case Analysis (2020). Nakuru ELRC Cause No. 220 of 2018 (consolidated with Nyeri ELRC Cause No. 31 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/30/eng@2020-10-12

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