Maurice Ajwang Owuor v Catholic University of Eastern Africa [2021] KEELRC 425 (KLR)
The bottom line
#A Kenyan court ruled the Catholic University unfairly ended a lecturer-dean's combined role early, awarding him about Kshs.1.86 million, but rejected several claims for lack of evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioner pleaded constitutional violations with the precision required by Anarita Karimi Njeru
The petition failed to plead with precision how zero salary payment of itself violated the constitutional rights pleaded; the real issues were contractual, not constitutional
The court applied the Anarita Karimi Njeru principle, as restated by the Supreme Court in Communication Commission of Kenya v Royal Media Services and the Court of Appeal in Mumo Matemu, that precision is required linking the aggrieved party, the constitutional provisions and the manifestation of infringement. The Petitioner's own submissions framed purely contractual questions, showing there were no true constitutional issues for determination.
Whether the withdrawal of deanship allowances and termination on 18th February 2019 was lawful
The Respondent prematurely and without due process terminated the appointment; the termination was unfair and in breach of the employment contract
The letter of appointment was for the combined position of Senior Lecturer and Dean of the Faculty of Law, whose benefits were an indivisible package. The contract was to lapse on 31st March 2019, so stopping the deanship allowances on 18th February 2019 was premature on two grounds: the indivisibility of the appointment and the fact that the contract had not lapsed.
Whether the Petitioner absconded duty
Having found premature termination, the court found the Petitioner did not abscond duty
The Respondent's case rested on the Petitioner absconding from the end of January 2019, leading to dismissal after a notice to show cause went unanswered. However, because the court found the employment was prematurely terminated without due process in February 2019, the absconding allegation fell away.
Legal principles established
#- Where an employment package attaches allowances to a single appointment as Senior Lecturer and Dean, the appointment is indivisible and stopping the allowances before expiry of the contract without due process is unfair termination
- A party seeking constitutional relief must plead with precision the constitutional provision, the manner of violation and the jurisdictional basis
Court orders
#- 1.Payment of the shortfall in the Petitioner's salary for February and March 2019 in the sum of Kshs.430,896.00
- 2.Compensation of four months' gross salary in the sum of Kshs.1,432,000.00
- 3.Total award of Kshs.1,862,896.00
- 4.Interest at court rates on item (i) from date of suit and on item (ii) from date of judgment
- 5.Respondent to pay the Petitioner's costs
- Jurisdiction invoked
- Articles 22(1), 23(1) and 23(3) of the Constitution of Kenya, 2010 (enforcement of Bill of Rights), read with the Employment Act 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maurice Ajwang Owuor v Catholic University of Eastern Africa [2021] KEELRC 425 (KLR)", Case Analysis (2021). Petition No. 86 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/425/eng@2021-11-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.