Thomas Ekamais Akuja v Turkana University College Council [2021] KEELRC 1781 (KLR)
The bottom line
#A Kenyan court refused to reinstate a dismissed university Principal, ruling that money compensation—not getting the job back—is the usual remedy for unfair dismissal.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant established a prima facie case
Although flaws in the disciplinary process were evident, they did not justify interim reinstatement
The court accepted that the disciplinary process lasted eleven months instead of the six months prescribed and that some requested documents were not supplied, showing flaws. However, a flawed process alone does not entitle the applicant to interim reinstatement because reinstatement is not the sole remedy for wrongful dismissal and compensation is available.
Whether interim reinstatement should issue
Refused; the applicant can be compensated in any other way including monetarily if termination is ultimately found unfair
The court held that reinstatement is not the only remedy for wrongful dismissal and that monetary compensation is available if the claimant ultimately proves his case. The claimant did not demonstrate malice in his termination, and interim reinstatement was not warranted on the material placed before the court.
Whether the recruitment of a substantive Principal should be restrained
The alternative prayer was not tenable; a learning institution cannot be held at ransom from recruiting
The court weighed the public interest in uninterrupted services at a learning institution with approximately 700 students against the claimant's private interest. It found that if the claimant's case is ultimately proved, monetary compensation would suffice, so barring recruitment was not tenable.
Whether the claimant demonstrated malice in his termination
The claimant did not demonstrate why he thought there was malice in the termination
The claimant alleged that the dismissal was actuated by ill motive and malice, but the court found he adduced no basis for that assertion. The allegation therefore carried no weight in the assessment of the interim reliefs sought.
Legal principles established
#- Reinstatement is not the only remedy in a case of wrongful dismissal; an employee whose termination is found unfair can be compensated in monetary terms
- An interlocutory court will not restrain recruitment to a substantive position in a public learning institution merely because a former occupant challenges his dismissal, as damages would be an adequate remedy
- Failures in a disciplinary process, such as exceeding the prescribed duration and non-supply of requested documents, amount to flaws in the process
Court orders
#- 1.Application dated 25th January 2021 dismissed - no orders of interim reinstatement issued
- 2.Prayer to bar the respondent from filling the vacancy occupied by the applicant declined
- 3.Costs in the case awarded
- Jurisdiction invoked
- Employment and Labour Relations Court Act, section 12; Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thomas Ekamais Akuja v Turkana University College Council [2021] KEELRC 1781 (KLR)", Case Analysis (2021). Application dated 25th January, 2021 in a Cause before the Employment and Labour Relations Court (referenced against Nakuru ELRC Pet. E003 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1781/eng@2021-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.