Mayeku v University of Embu (Cause 504 of 2019) [2023] KEELRC 2380 (KLR)
The bottom line
#Kenya's Employment Court upheld a university lecturer's dismissal, confirming employers win unfair termination cases when they follow proper disciplinary procedure.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the claimant's employment was unfair
The termination was lawful, both substantively and procedurally; the respondent complied with sections 43, 44 and 41 of the Employment Act
The claimant was notified of the allegations through show cause notices dated 12 February and 6 March 2019, responded to them, and was invited to and attended a disciplinary hearing where he made representations. The grounds found against him - failure to teach assigned units, failure to invigilate examinations, delegation of examination scripts to a student without approval, and failure to submit the original CAT II form - were proven and amounted to gross negligence and abdication of duty justifying dismissal under sections 44(3) and 44(4)(c). The defamatory-accusations ground did not feature in the termination.
Whether the claimant's admission of delegating duties without approval amounted to breach
Admission of delegating his duties to Dr Eric Wangila and to a masters student without head of department approval was a fundamental breach
The claimant admitted in evidence that he asked a colleague to invigilate and administer examinations on his behalf and that he handed marked examination scripts and marks to a masters student for delivery to the examinations coordinator. There was no evidence that the head of department or the employer approved such delegation. The court held such allocation of core duties without authorisation was direct abdication of duty and insubordination, a fundamental breach of the employment relationship.
Whether reinstatement could issue
Reinstatement was not available because the termination was for good cause and lawful
Since the court found the disciplinary process met the threshold of due process and the reasons for termination aligned with the claimant's job description, the equitable remedy of reinstatement could not issue. The respondent even terminated rather than summarily dismissing the claimant, paying one month's notice, which the court characterised as generous.
Legal principles established
#- Failure to attend work as directed and abdication of duty constitute gross misconduct justifying summary dismissal under sections 44(3) and 44(4)(c) of the Employment Act
- Delegating core duties to a student or colleague without approval of the head of department constitutes gross negligence and insubordination
Court orders
#- 1.The claim is dismissed in its entirety
- 2.Costs to the respondent
- 3.The file shall be returned to ELRC Nairobi Registry
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (Employment Act, 2007; Labour Relations Court Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mayeku v University of Embu (Cause 504 of 2019) [2023] KEELRC 2380 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2380/eng@2023-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.