Gerald Kanyaga Mathakia & another v Dedan Kimathi University of Technology [2020] KEELRC 681 (KLR)
The bottom line
#A Kenyan court stopped Dedan Kimathi University from cutting two professors' exit benefits without first consulting and hearing them.
What this practically means
#Executive summary
#Key legal issues
#Unilateral variation of contract of service without consultation
The review of the Petitioners' terms and conditions of service without consulting them entitles them to the interim relief sought
Reading Articles 41 and 47 of the Constitution, the Fair Administrative Actions Act and Section 10 of the Employment Act together, the court found that the letters of 26 May 2020 unilaterally reviewed the Petitioners' exit terms on the basis of a directive, with no consultation, notice of the nature and reasons for the action, or opportunity to be heard. Favourable contractual terms prevail under Section 26(2) of the Employment Act, so the stay was warranted.
Entitlement to accrued contractual exit benefits
Accrued benefits cannot be unilaterally taken away
Relying on the decision in Republic v Chief of Staff & Head of the Public Service ex parte George A. O. Magoha, where Wasilwa J. held that accrued contractual exit package terms had already accrued to the applicant and the respondent could not unilaterally take them away, the court endorsed the principle that favourable contractual terms bind the employer.
Legal principles established
#- Where an administrative action would affect an individual, that individual should be given an opportunity to be heard
- Terms of an employment contract can only change after consultation with the employee and the same notified to the employee in writing
Court orders
#- 1.An order issued to stay the decision of the Respondent purporting to replace the Petitioners' terms of service on exit of duty as communicated vide the Respondent's letters of 26th May 2020
- 2.The Petitioners shall continue to earn their basic salaries and house allowances pending hearing and determination of the Petitions
- Jurisdiction invoked
- Articles 41 and 47 of the Constitution; Fair Administrative Actions Act; Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Irungu v Kenya Pipeline Company Limited (Cause E950 of 2022) [2023] KEELRC 459 (KLR)[2023] KEELRC 459 (KLR)23 Feb 2023
Cite this brief
#Cite this brief
Caselaw, "Gerald Kanyaga Mathakia & another v Dedan Kimathi University of Technology [2020] KEELRC 681 (KLR)", Case Analysis (2020). Consolidated Petitions (interim applications). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/681/eng@2020-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.