Universities’ Academic Staff Union (UASU) University of Eldoret Chapter v University of Eldoret (Judicial Review Application E005 of 2022) [2023] KEELRC 977 (KLR)
The bottom line
#Kenya's Employment Court dismissed UASU's bid to stop the University of Eldoret recruiting Deans and Directors, confirming hiring of academic leaders is the University Council's job alone.
What this practically means
#Executive summary
#Key legal issues
#Whether the recognition agreement conferred on the union a role in the recruitment of Deans and Directors
No; clause 3.3.1 only obliges the parties to act in each other's best interests and does not give the union a role in Council appointments
The court examined the recognition agreement exhibited as PKC.2, particularly clause 3.3, and concluded that its import is mutual good faith in performance of mandate. It did not accept that the agreement required consultation with the union or participation in the recruitment of Deans and Directors, an appointment function vested in the University Council under the University statutes.
Whether the recruitment process violated Articles 10 and 232 on public participation and transparency
Although those Articles require public participation in recruitment of public officers, the court declined to fault the process, noting advertisement was done and the exercise was within the University Council's reserve
The applicant argued the post-advertisement process was opaque and lacked participation. The court acknowledged Articles 10 and 232 but held that recruitment of Deans and Directors is solely a reserve of the University Council. It was not disputed an internal advertisement accessible to staff was placed on the University portal, so the process was within mandate.
Whether judicial review orders should issue where the impugned process is already concluded
No; the court exercised its discretion to deny the orders as they would serve no purpose
The Respondent demonstrated that the recruitment had concluded and appointment letters issued to successful candidates. The court held judicial review remedies are discretionary, and where the Respondent acted within its mandate and the process is complete, granting orders would serve no purpose. The application was accordingly dismissed.
Legal principles established
#- Judicial review remedies are discretionary and the court may decline to grant them for good reason, particularly where the process has been completed and the decision-maker acted within its mandate
- The recruitment of Deans and Directors of universities is a function reserved to the University Council
Court orders
#- 1.The application dated November 1, 2022 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Judicial review jurisdiction of the Employment and Labour Relations Court (orders of prohibition and certiorari sought); the judgment does not cite a specific constitutional or statutory jurisdictional provision
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Universities’ Academic Staff Union (UASU) University of Eldoret Chapter v University of Eldoret (Judicial Review Application E005 of 2022) [2023] KEELRC 977 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/977/eng@2023-04-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.