Katieno v University of Eastern Africa Baraton (Cause E039 of 2021) [2022] KEELRC 4155 (KLR)
The bottom line
#Kenya's Employment Court refused to stop a university redeploying an employee, holding that redeployment is management's discretion unless a strong case is shown.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant established a prima facie case with probability of success for interlocutory relief
No prima facie case was demonstrated; the redeployment complaint was compromised by the claimant's acceptance of the internal auditor role and redeployment is a management discretion
The court framed the interlocutory test as whether a prima facie case with chances of success exists and whether damages would be inadequate. On the evidence, the respondent had reviewed the farm manager redeployment and moved the claimant to internal auditor, which he accepted. The claimant also did not show that tutorial fellow was the only role for which he possessed skills. Accordingly, the interlocutory orders could not issue.
Whether redeployment from tutorial fellow to farm manager was discriminatory and a demotion warranting court interference
Redeployment is a management discretion that the court is reluctant to interfere with, and the claimant did not demonstrate he lacked skills for other roles
The claimant argued the two positions required different qualifications and that he never trained as a farm manager. The court held that transfer, redeployment or redesignation lies within management discretion, and the claimant failed to show tutorial fellow was the only position he could hold, especially given the respondent's accusations that he absented himself from classes for a considerable period leaving students stranded.
Legal principles established
#- Transfer, redeployment or redesignation of an employee is a management discretion with which courts are reluctant to interfere
Court orders
#- 1.Dismissal of the claimant's notice of motion dated December 8, 2021 with costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment dispute (interlocutory notice of motion); no specific provision quoted
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Katieno v University of Eastern Africa Baraton (Cause E039 of 2021) [2022] KEELRC 4155 (KLR)", Case Analysis (2022). Not stated in the excerpt (notice of motion dated December 8, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/4155/eng@2022-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.