Universities Academic Staff Union, Egerton University Charter v Egerton University & 2 others (Petition E023 of 2021) [2022] KEELRC 1162 (KLR)
The bottom line
#Kenya's Employment Court struck down Egerton University's move to cancel staff tuition waivers without consultation, but left its 2019 workload policy intact.
What this practically means
#Executive summary
#Key legal issues
#Whether the Workload Policy 2019 unilaterally varied the CBA workload terms
The court held the 2016 CBA had already displaced the 2012 CBA workload formula, and the policy fell within the University's statutory mandate to regulate working hours; the court would not interfere
The court examined clause 24.15 of the 2016 CBA which it found set aside the previous workload formula in the 2012 CBA. It noted the 2016 CBA was itself replaced by the 2020 CBA. It accepted the University's mandate under section 27 of the Employment Act to regulate working hours and found the policy had no correlation with the CBA, so it declined to interfere with the policy document.
Whether the withdrawal of tuition waivers breached the CBA
The Notice of 25th August 2021 lifting tuition waivers was in breach of the CBAs from 2012 to date, and was declared illegal, null and void
The court found the tuition waiver benefit introduced by the 2012 CBA was retained in both the 2016 and 2020 CBAs, the latter still in force. Despite this, the Respondents altered the provision without agreement or consultation with the petitioner. This constituted a clear breach of the CBAs from 2012 to date on tuition waivers, rendering the notice unlawful.
Whether constitutional petition was the proper forum
The court did not strike out the petition on this ground; it determined the matter on its merits, finding partial success
The Respondents argued the dispute was contractual and ought to have been brought as an ordinary employment cause, invoking the doctrine of avoidance and Anarita Karimi Njeru precision. The court nonetheless examined the evidence and submissions and determined the issues, granting relief only in respect of the tuition waiver notice.
Legal principles established
#- Terms and conditions of service embodied in a CBA can only be revised upon consultation with, and written notification to, the employees as required by section 10(5) of the Employment Act
- A unilateral notice withdrawing CBA-guaranteed benefits without consultation is illegal, null and void
Court orders
#- 1.Declaration that the notice issued by the Respondent lifting the waiver on tuition fees on staff with effect from July 2021 is in contravention of the existing CBA between the parties and is therefore illegal, null and void
- 2.Refusal to interfere with the Egerton University Staff Workload Policy 2019
- 3.Each party to bear its own costs
- Jurisdiction invoked
- Constitutional petition alleging violation of Articles 10, 41, 47 and 232 of the Constitution, heard under the court's employment and labour relations jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Universities Academic Staff Union, Egerton University Charter v Egerton University & 2 others (Petition E023 of 2021) [2022] KEELRC 1162 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1162/eng@2022-05-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.