Universities Academic Staff Union (UASU) v University of Nairobi; Cabinet Secretary, Ministry of Education & 3 others (Interested Party) (Petition E069 of 2020) [2024] KEELRC 257 (KLR)
The bottom line
#The Employment and Labour Relations Court ordered the University of Nairobi to pay two lecturers their clinical allowance arrears but rejected claims for 32 others.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent's clarification of eligibility for clinical allowances and the resulting reduction/stoppage of payments was unlawful and unconstitutional
The Petition failed save in respect of two grievants; the Respondent was implementing the SRC circulars as required and no discrimination was established
The court held that clinical allowances are tied to actual clinical duties and direct patient contact as defined in the SRC Circulars of 14th September 2015, 28th April 2017 and 12th January 2020. The Respondent implemented these circulars correctly. The Petitioner misinterpreted the circulars by seeking to lump all allowances together. Only Dr. Julius M. Otido (Kshs. 2,460,000/-) and Patrick M. Wanjohi (Kshs. 130,000/-) were proved owed funds; the Respondent was ordered to settle these sums within 30 days.
Whether the Petitioner discharged its evidential burden for the remaining grievants
No; the Petitioner failed to substantiate entitlement for the rest of the 34 grievants
Only 2 of the grievants were proved to be owed funds. The court faulted the Petitioner for not moving the court in 2017 when the alleged infractions arose and noted that filing a Petition instead of a suit compromised the degree of scrutiny each grievant's claim would receive. The balance of the Petition was dismissed with no order as to costs.
Legal principles established
#- Clinical allowances are payable to qualified staff who are assigned clinical duties and are in direct contact with patients, per the SRC circulars
- The principle of equal pay for work of equal value is the cardinal principle in allowance disputes
Court orders
#- 1.The Respondent to settle within 30 days the sums owed to Dr. Julius M. Otido (Kshs. 2,460,000/-) and Patrick M. Wanjohi (Kshs. 130,000/-)
- 2.The Respondent to continue paying the allowances as and when they fall due and not allow the build-up of arrears
- 3.Failure to comply will attract interest penalties of 14% per annum till payment in full commencing 13th March 2024
- 4.The balance of the Petition dismissed with no order as to costs
- Jurisdiction invoked
- Articles 10, 41, 47 and 232 of the Constitution of Kenya, 2010 (employment and labour relations jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Universities Academic Staff Union (UASU) v University of Nairobi; Cabinet Secretary, Ministry of Education & 3 others (Interested Party) (Petition E069 of 2020) [2024] KEELRC 257 (KLR)", Case Analysis (2024). Petition dated 26th October 2020 (ELRC Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/257/eng@2024-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.