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ELRCDismissedCause No 509 of 2018· [2023] KEELRC 1583 (KLR)

Wanjaria v St Paul’s University (Cause 509 of 2018) [2023] KEELRC 1583 (KLR)

Employment and Labour Relations Court
30 June 2023
JRJames Rika
3,431 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court dismissed a lecturer's Kshs 3.6 million claim, ruling her termination over an unaccredited degree was mutual and lawful.

What this practically means

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Executive summary

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The Claimant, employed as an Assistant Lecturer by the Respondent University from September 1, 2011 and confirmed on August 1, 2012, coordinated the University's Education Programs and marketing of its Master's Degree Program, receiving responsibility allowances. She was promoted to Lecturer in April 2014 on the understanding she held a Master's Degree from American World University. When the University sought CUE approval for a Bachelor of Education program, CUE advised that the Claimant's Master's Degree appeared to be from a questionable, unaccredited university. The Respondent asked her to supply a CUE-certified copy of the degree; after six months she could not. On January 27, 2015 her lecturing contract was terminated, but she was offered and pursued a non-teaching marketing position. She later obtained a PhD from Kenyatta University (2016) and sought to return part-time, without success, leading to this claim for declarations, terminal benefits and compensation exceeding Kshs 3.6 million. The Court framed three issues: valid reason, fair procedure, and whether the prayers were merited. It found the parties were in mutual agreement that the Claimant did not hold a valid Master's Degree; she conceded this and applied for a marketing role. The separation from the teaching role was mutual, imposed by CUE regulatory requirements, so no disciplinary hearing was required. Applying Mwaniki v Registered Trustees of the Sisters of Mercy (Mater Misericordiae Hospital), the Court held the employer was bound to correct the qualification error or risk regulatory sanctions, and the later PhD did not cure the defect. The claim was dismissed with no order on costs.

Key legal issues

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Whether termination was for a valid reason and followed fair procedure under Sections 41, 43 and 45 of the Employment Act

Holding

Termination was valid and mutual; parties agreed the Claimant lacked a valid Master's Degree recognised by CUE, so no disciplinary hearing was needed

Reasoning

CUE questioned the accreditation of American World University, which conferred the Claimant's Master's Degree. The Respondent gave her six months to supply a CUE-certified certificate, which she failed to do. She conceded the degree was not from an accredited institution and accepted a non-teaching role offer. The Court found separation from the teaching role was mutual, imposed by regulatory requirements, so termination was for a valid reason and no hearing was necessary.

p. 6

Legal principles established

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  • An employer is not estopped from raising a regulatory qualification concern after recruitment; where a degree is a regulatory requirement, the employer must correct the error or risk regulatory sanctions, and a later-acquired higher degree does not cure the infirmity in the underlying qualification.

Court orders

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  1. 1.The Claim is dismissed, with no order on the costs

Authorities

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Legislation

  • Employment ActSections 41, 43, 45, 47 and 50
  • Employment and Labour Relations Court ActSection 12
  • Electronic Case Management Practice DirectionsPractice Direction 6[2]

Cases cited (1)

  • Mwaniki v. Registered Trustees of the Sisters of Mercy [Kenya] t/a Mater Misericordiae Hospital & 2 others
    [Cause E573 of 2020] [2023] KEERC 917 [KLR]
Jurisdiction invoked
Sections 41, 43, 45, 47 and 50 of the Employment Act, and Section 12 of the Employment and Labour Relations Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Wanjaria v St Paul’s University (Cause 509 of 2018) [2023] KEELRC 1583 (KLR)", Case Analysis (2023). Cause No 509 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1583/eng@2023-06-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.