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ELRCPartially AllowedPetition dated 11th April 2024 (ELRC, Nakuru)· [2025] KEELRC 593 (KLR)

Odira v Egerton University & 2 others (Petition E007 of 2024) [2025] KEELRC 593 (KLR)

Employment and Labour Relations Court of Kenya
28 February 2025
5,313 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~21 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that once an employer issues and an employee accepts an appointment letter, that job contract is valid and cannot be cancelled unilaterally.

What this practically means

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Executive summary

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The Petitioner, a part-time (contract) Lecturer in Computer Science at Egerton University, applied for the position of Lecturer Grade 12, Computer Science, advertised in July 2023. He topped both the shortlisting (98%) and interview (83%) scores, and was appointed by letter dated 22nd November 2023 on permanent and pensionable terms. The Registrar, Human Capital and Administration, recalled the letter on 30th November 2023 for unspecified 'corrections'. In March 2024 the Petitioner learnt his appointment had been repudiated; the University, through Vice-Chancellor Prof. Isaac Kibwage, contended he lacked the requisite qualifications and that the appointment letter had been issued erroneously without VC endorsement. The Court held the recruitment process strictly followed the University's HR Manual 2022 and A&P Criteria 2012; the committees were properly constituted and their decisions final. The VC could point to no policy clause empowering him to review or rescind appointments, and his unilateral repudiation violated the Petitioner's rights to fair labour practices (Article 41) and fair administrative action (Article 47), no written reasons, notice or hearing having been given as required by the Fair Administrative Action Act and Employment Act. The Court found a valid contract of employment concluded on offer and acceptance, protected even if the Petitioner was treated as a mere job applicant. The Petition was granted: the repudiation was declared unlawful, the appointment reinstated without loss of benefits, with alternative general damages of Kshs. 4,450,000, and costs awarded against the 3rd Respondent, VC Prof. Isaac Kibwage, personally.

Key legal issues

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01

Whether unilateral rescission of a validly issued letter of appointment by the Vice-Chancellor violated Articles 41 and 47

Holding

Yes. The VC had no mandate under the HR Manual or A&P Criteria to review the committees' decision or rescind the appointment; his unilateral repudiation amounted to unfair labour practice and unfair administrative action.

Reasoning

The recruitment process complied with the HR Manual and A&P Criteria; the Petitioner was top-scored by the shortlisting and appointment committees. The VC could not point to any clause conferring power to review or rescind. Appointment is a collective responsibility under Article 232 values. No written reasons, notice or hearing were given as required by the Fair Administrative Action Act and Sections 41, 43 and 45 of the Employment Act.

p. 7
02

Whether the Petitioner was validly appointed notwithstanding that he had not reported to work

Holding

Yes. The Parties entered a valid contract of employment upon offer and acceptance, and the Petitioner would be protected even if regarded as only a job applicant.

Reasoning

The appointment letter detailed terms of service and identified itself and the existing terms of service as the contract; Part III of the Employment Act was adhered to. The VC's argument that the contract was not consummated before reporting was rejected - Section 5(8)(a) of the Employment Act extends employee protection to job applicants, so it was irrelevant that he interviewed via Skype from China and had not reported.

p. 7
03

What remedies should issue

Holding

Reinstatement of the appointment without loss of benefits, with general damages of Kshs. 4,450,000 in the alternative, and costs against the 3rd Respondent personally.

Reasoning

The employer-employee relationship was retrievable and could be reconstructed as the parties intended; the vacancy had been preserved by a court order. Damages were assessed having regard to the Petitioner's age (33), potential service of 32 years and monthly gross entry salary of Kshs. 185,477. Costs were personally imposed on the VC whose misreading of his mandate necessitated the Petition.

p. 10

Legal principles established

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  • A contract of employment is consummated once an offer detailing the essentials of the contract is made by the Employer and accepted by the Employee; an employee need not have reported to work for the contract to be valid.
  • Human resource policies and workplace instruments are founded on law and cannot be unilaterally disregarded by a senior officer who has no mandate under them to review appointment decisions.
  • The right to fair labour practices under Article 41 extends to job applicants and covers conduct prior to, during, and after employment.
  • Once the appointment committee chair approves an appointment, the process is complete and no officer without an enabling policy clause may rescind it unilaterally.

Court orders

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  1. 1.Declaration that the Respondents' decision, recalling and repudiating the Petitioner's letter of appointment, has no legal or lawful justification, and infringes the Petitioner's rights under Sections 5, 41, 43 and 45 of the Employment Act and Articles 41 and 47 of the Constitution
  2. 2.The Respondents shall immediately reinstate the Petitioner's appointment with effect from the date of appointment indicated on the letter of appointment, without loss of salaries, years of service and accrued benefits
  3. 3.In the alternative to reinstatement, the Respondents shall pay the Petitioner general damages for violation of his statutory and constitutional rights, assessed at Kshs. 4,450,000
  4. 4.Costs shall be paid to the Petitioner by the 3rd Respondent, VC Isaac Kibwage
Jurisdiction invoked
Articles 41 and 47 of the Constitution; Employment Act 2007; Fair Administrative Action Act 2015

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, "Odira v Egerton University & 2 others (Petition E007 of 2024) [2025] KEELRC 593 (KLR)", Case Analysis (2025). Petition dated 11th April 2024 (ELRC, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/593/eng@2025-02-28

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