Universities Academic Staff Union (UASU) v University of Nairobi & another; Cabinet Secretary, Ministry of Education & 3 others (Interested Parties) [2021] KEELRC 209 (KLR)
The bottom line
#Kenya's Employment Court blocked the University of Nairobi's governance reforms and found its Vice Chancellor guilty of disobeying court orders.
What this practically means
#Executive summary
#Key legal issues
#Existence of the document described as the Vice Chancellor's Proposed Governance Reforms dated July 2021
The named document was not proved to exist; what exists is the memo dated 14th July 2021, produced by both parties
The court examined the affidavits and annexures of both sides. The Respondents deposed that the reforms originated from the Senate and the Council, not from the Vice Chancellor, and that no document called the 'Vice Chancellor's Proposed Governance Reforms' existed. The court accepted this only in respect of that named document, while finding the memo of 14th July 2021, annexed by both parties, to be in existence and the true subject of the application.
Whether a prima facie case was established for conservatory orders
Yes - a prima facie case was established on the face of the pleadings, warranting further investigation by the Court
Applying Mrao and Nguruman, the court found the 1st Respondent's own letter of 14th July 2021 admitted that only KUSU and KUDHEHIA were consulted, not UASU. The Union had written on 9th and 14th July seeking information on the restructuring without response, contrary to the Access to Information Act. The exclusion of a recognised trade union whose members' positions were to be abolished constituted an apparent infringement of rights, and members faced irreparable loss.
Whether the Respondents were in contempt of the orders of 21st July 2021
Professor Stephen Kiama was guilty of contempt; the other named officers were not
The court set out the civil contempt test requiring proof of the order's terms, knowledge, breach and deliberateness. Only Kiama admitted knowledge of the orders and nonetheless issued Guidelines for Examination of Thesis, Dissertations and Project Papers on 29th July 2021, despite the orders specifically restraining implementation of the memo of 14th July 2021 which he himself had issued. The other officers were never shown to have been served or aware of the orders, so no contempt was proved against them.
Legal principles established
#- A prima facie case in civil cases is one in which, on the material presented, a tribunal properly directing itself will conclude that a right has apparently been infringed so as to call for an explanation or rebuttal from the opposite party
- The elements of civil contempt are: clear terms of the order, knowledge of the order, breach of it, and deliberate conduct; and the obligation to obey a court order is unqualified even where the person believes the order to be irregular or void
- A person cannot escape compliance with a court order on the basis that the order was issued 'in a vacuum' or rests on a mistaken description of the restrained document
Court orders
#- 1.Conservatory (injunctive) orders granted - the application meets the threshold for grant of injunctive orders restraining implementation of the governance reforms pending determination of the Petition
- 2.Professor Stephen G. Kiama (Vice Chancellor) found guilty of contempt of the Court orders issued on 21st July 2021
- 3.Prof. Stephen G. Kiama ordered to appear in Court on 27th January 2022 for sentencing
- 4.No contempt findings made against Prof. Winfred Kamau, Prof. Bernard Mwangi, Prof. Leonidah Kerubo and Prof. Mohamud Jama
- Jurisdiction invoked
- Constitution of Kenya, 2010 (Articles 10, 23, 27, 47, 73, 75, 201, 232 and 234 invoked as violated); court exercising first-instance jurisdiction over a petition and interlocutory conservatory/contempt applications
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Universities Academic Staff Union (UASU) v University of Nairobi & another; Cabinet Secretary, Ministry of Education & 3 others (Interested Parties) [2021] KEELRC 209 (KLR)", Case Analysis (2021). Petition (Conservatory/Contempt application by Notice of Motion dated 19th July 2021; contempt application dated 8th August 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/209/eng@2021-12-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.