Kenya Private Universities Non-Teaching Workers Union v Pan Africa University [2021] KEELRC 957 (KLR)
The bottom line
#Kenya's Employment Court ruled that paying severance isn't enough—an employer must give at least 30 days' notice before a redundancy takes effect, or pay compensation.
What this practically means
#Executive summary
#Key legal issues
#Compliance with Section 40 procedural requirements for redundancy
The redundancy was procedurally flawed because the letters dated 15th April 2015 took effect on 16th April 2015, contrary to the requirement of at least 30 days' notice
The court found that although terminal dues including notice pay, severance and accrued leave were calculated and paid, the redundancy notices gave the Grievants no statutory notice period. Section 40 requires at least one month's notice to the employee and the labour officer, allowing time for consultations and verification of preconditions. Taking effect one day after issue defeated the statutory scheme, rendering the redundancy unlawful and entitling the Grievants to compensation.
Burden of proof of union membership and alleged victimisation for union activities
The claim that the Grievants were terminated for union membership was not sustained; the issue of membership remained unproved
The Respondent denied ever receiving notification of union membership, and the Respondent's witness confirmed receipt of Form 'S' only in late March 2015, close to the redundancy. No union official testified or signed witness statements to prove membership. The court did not found the claim on victimisation for union activities, treating the issue of membership as fluid and unestablished, and instead rested liability on the procedural defects in the redundancy declaration.
Validity of the certificates of service issued
The certificates of service were invalid because the Respondent imposed a condition of seeking additional information from the employer, contrary to Section 51 of the Employment Act
Section 51 regulates what a certificate of service must contain and does not permit an employer to attach conditions requiring employees to seek additional information from the employer. By imposing such a condition, the Respondent issued certificates that did not accord with the statute. The court declared them invalid in law and directed that they be reissued in accordance with the law.
Legal principles established
#- A redundancy declaration must comply with the notice period required under Section 40 of the Employment Act; letters taking effect one day after issue breach the statutory 30-day notice
- Where a redundancy is not properly declared, the affected employees are entitled to compensation
- A certificate of service issued subject to conditions not permitted by Section 51 of the Employment Act is invalid and must be reissued in accordance with the law
Court orders
#- 1.Judgment entered for the Grievants against the Respondent for 2 months' salary each as compensation for unlawful redundancy, itemised per Grievant
- 2.Costs of the suit quantified at Kshs. 40,000/- payable by the Respondent
- 3.Interest on the compensation sums at court rates from the date of judgment until payment in full
- Jurisdiction invoked
- First-instance employment and labour relations jurisdiction under Article 162(2) of the Constitution (implied; the judgment does not expressly invoke a jurisdictional provision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Private Universities Non-Teaching Workers Union v Pan Africa University [2021] KEELRC 957 (KLR)", Case Analysis (2021). Cause (not stated in judgment excerpt). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/957/eng@2021-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.