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ELRCDismissedNot stated in the judgment as provided

Mwangi v Tangaza College (The Catholic University of Eastern Africa) (Cause E530 of 2020) [2023] KEELRC 2503 (KLR)

Employment and Labour Relations Court
11 October 2023
3,287 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that being redeployed isn't termination, but punishing an employee without a hearing is an unfair labour practice—yet no compensation was awarded.

What this practically means

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Executive summary

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The Claimant, employed as Dean of Students from 4th February 2019 for a four-year term, was redeployed by letter dated 3rd March 2020 to the position of full-time lecturer following a decision of the University's Grievance Committee. The committee had been convened to consider a student petition against the Deputy Vice-Chancellor (Administration & Finance) over bullying and racism, and complaints that the Claimant had not handled student grievances effectively. The Claimant sued, seeking a declaration that his termination was unfair and unlawful, damages of Kshs. 4,200,000 (including notice pay, 12 months' compensation, the balance of his contract and general damages), costs and interests. The Respondent maintained that there was no termination: salary and benefits were unchanged, the redeployment was a reorganisation measure after a hearing, and the Claimant signed a new full-time lecturer contract on 18th June 2020 which superseded prior agreements. The court framed two issues: whether the redeployment amounted to termination and demotion, and whether the Claimant was entitled to the reliefs sought. Relying on Black's Law Dictionary, the court held there was no termination because the employment relationship continued and the Claimant had signed a superseding contract. However, applying the ordinary meaning of demotion and the Edah Cherono Maiywa reasoning, the court found the change in status and place of work was a disciplinary demotion effected without hearing the Claimant, constituting an unfair labour practice under Article 41 of the Constitution. Nonetheless, since no termination occurred and reinstatement was neither available nor sought, the claim was dismissed with each party bearing its own costs, the court being mindful that the parties continue working together.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the redeployment of the Claimant amounted to termination and demotion
  2. 2.Whether the Claimant is entitled to the reliefs sought

Key legal issues

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01

Whether the redeployment amounted to termination

Holding

It did not; the Claimant continued working for the Respondent on a new contract signed on 18th June 2020, so there was no severance of the employment relationship

Reasoning

The court adopted the Black's Law Dictionary definition of termination as a complete severance of the employer-employee relationship. The Claimant was still working for the Respondent, earning the same salary and allowances, and had signed a transitional contract and a full-time lecturer contract after reading them, which superseded the Dean of Students contract. There was therefore no termination.

p. 6
02

Whether the redeployment amounted to demotion

Holding

Yes; the change in status and place of work, effected as a disciplinary measure without hearing the Claimant, amounted to demotion and an unfair labour practice under Article 41

Reasoning

Applying the ordinary meaning of demotion as a reduction in rank or status, the court found the Claimant's status and place of work changed even though benefits remained the same. Because the redeployment was a disciplinary measure under the University's policy manuals and the Claimant was not given a right to be heard, it was an unfair labour practice under Article 41 of the Constitution and a unilateral variation of the contract.

p. 6
03

Whether the Claimant was entitled to the reliefs sought

Holding

No; the claim for unfair termination failed, and reinstatement was unavailable since the Claimant accepted the redeployment and had not sought it

Reasoning

Having found no termination, the claim for unfair termination and associated damages failed. The only available remedy for the demotion would have been reinstatement, but the Claimant had accepted and signed the redeployment contract, and reinstatement was not among the prayers. The claim was dismissed in its entirety.

p. 7

Legal principles established

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  • Termination of employment requires a complete severance of the employer-employee relationship; an employee who remains in employment under a new contract is not terminated
  • Redeployment that changes an employee's status and place of work, done as a disciplinary measure without hearing the employee, amounts to demotion and an unfair labour practice under Article 41 of the Constitution

Court orders

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  1. 1.Claim dismissed as without merit
  2. 2.Each party to bear their own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Original employment and labour relations jurisdiction (Employment Act; Article 41 of the Constitution)

Relief refused

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Declaration that termination of employment was unfair and unlawful

Court found employment was never terminated; the Claimant remained in employment under a new contract

p. 7

Damages of Kshs. 4,200,000 including notice pay, 12 months' compensation, remainder of contract and general damages

No termination was found; reinstatement was not sought and the Claimant had accepted and signed the redeployment contract

p. 7

Costs

Each party to bear their own costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The Court therefore finds and holds that the Claimant's redeployment did not amount to termination but amounted to demotion and amounted to an unfair labour practice under article 41 of the Constitution.
p. 6Redeployment as demotion and unfair labour practice
In conclusion the Court finds and holds that the Claimant's employment was not terminated hence there was no unlawful and unfair termination.
p. 7No termination of employment
The claim is therefore found without merit and is hereby dismissed.
p. 7Disposition - dismissal of claim
I order that each party to bear their own costs
p. 7Costs order

Issues in the judgment

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minor

Numbered issues list contains garbled/duplicated text

minor

Claimant's case pleaded termination on 3rd March 2020 via a 'Re-Deployment Letter' while also asserting no termination occurred; judgment treats the event as redeployment amounting to demotion but not termination

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Mwangi v Tangaza College (The Catholic University of Eastern Africa) (Cause E530 of 2020) [2023] KEELRC 2503 (KLR)", Case Analysis (2023). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2503/eng@2023-10-11

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