Otieno v Karatina University & 2 others (Cause 6 of 2020) [2020] KEELRC 70 (KLR)

The Claimant, employed by a public university, was bound by the Public Officer Ethics Act 2013 and the Public Service Code of Conduct and Ethics 2016. Regulation 26 prohibits a full-time public officer from other gainful employment where incompatible. Holding a lecturer position at Kabarak University while on full-time Karatina University employment created a real or seeming incompatibility between his public duties and private engagement, notwithstanding his assertion that performance and duties were unaffected.

The Court found the show cause letter and charge sheet set out the allegations clearly, the Claimant made written and oral representations, and the presence of the Head of Department and secretariat was explained. The pending appeal could not be heard because the Council, appointed by the Cabinet Secretary, had not been constituted, so the Claimant was entitled to approach the Court before the appeal was concluded.

Section 66 of the Universities Act No. 42 of 2012 shields members, officers, employees and agents of a university acting bona fide from personal liability. The Vice Chancellor and Chairman of Council acted in their official capacities; the Claimant did not dispute this protection nor establish personal bias or malice. They were therefore struck off, leaving the University as sole Respondent.

Having found the dismissal justified and a fair hearing accorded, the Court declined reinstatement and compensation. The part-time dues claim failed because the Claimant did not lodge documented claims per the Respondent's internal policies, and the pension claim lay with the Pension Scheme as a separate legal entity requiring compliance with clearance procedures.