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ELRCOtherNot stated in the judgment· [2025] KEELRC 865 (KLR)

Musasia v Egerton University (Appeal E016 of 2025) [2025] KEELRC 865 (KLR)

Employment and Labour Relations Court
18 March 2025
JRJames Rika
232 words in judgment
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The bottom line

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A Kenyan employment court refused urgent relief because it targeted Pwani University, a non-party, and found a 45% salary deduction probably lawful under the two-thirds cap.

What this practically means

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Executive summary

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This is a preliminary ruling by the Employment and Labour Relations Court at Nakuru (James Rika, Judge) on the Appellant's application dated 14th March 2025, brought under certificate of urgency in an appeal against an order issued by the Trial Court on 12th March 2025. The order under appeal is directed at Pwani University, which is not named as a party to the appeal, and it is unclear whether it was a party to the application that gave rise to the appeal. The court held that it is not proper to issue orders directed at non-parties. On the substance, the court observed that Section 19(3) of the Employment Act caps deductions at any one time at two-thirds of an employee's salary, equating two-thirds to 66.67%, so the 45% deduction imposed on the Appellant's salary seems to be within the law, assuming no other deductions exist; the Employer must be involved to clarify the totality of deductions. Because the application required determination with the involvement of the Employer and the affected non-party, the court declined to grant the orders sought ex parte, directing instead that the application be served upon the Respondent and Pwani University and processed for inter partes hearing as soon as practicable at the Registry. The ruling was dated, signed and released electronically at Nakuru on 18th March 2025. No costs order was made and no authorities were cited.

Key legal issues

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01

Whether orders can issue against a non-party

Holding

The Court held it is not proper to issue orders directed at non-parties; Pwani University must first be joined or served before orders affecting it are made

Reasoning

The order under appeal, issued on 12th March 2025, is directed at Pwani University. The University is not named as a party to the appeal, and it is not clear whether it was a party to the application giving rise to the appeal. Since orders binding non-parties are improper, the court declined to determine the application ex parte and directed service on both the Respondent and the University for inter partes hearing.

p. 1
02

Whether the 45% salary deduction is lawful

Holding

A 45% deduction appears prima facie lawful under Section 19(3) of the Employment Act, since deductions at any one time must not exceed two-thirds (66.67%) of salary, subject to clarification of the totality of deductions

Reasoning

The court noted that the statutory ceiling on deductions is two-thirds of an employee's salary, equivalent to 66.67%. The 45% deduction imposed on the Appellant's salary falls below that ceiling and therefore seems within the law, assuming there are no other deductions. The Employer must be involved to clarify the totality of the deductions before the matter is determined.

p. 1

Legal principles established

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  • A court should not issue orders directed at non-parties to the proceedings
  • Under Section 19(3) of the Employment Act, salary deductions shall not at any one time exceed two-thirds of an employee's salary

Court orders

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  1. 1.The application filed by the Appellant, dated 14th March 2025, shall be served upon the Respondent, and Pwani University, and processed for hearing inter partes, as soon as practicable, at the Registry
On appeal from
Trial Court (not further identified in the judgment)
Jurisdiction invoked
Not stated in the judgment (application under certificate of urgency dated 14th March 2025)

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, "Musasia v Egerton University (Appeal E016 of 2025) [2025] KEELRC 865 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/865/eng@2025-03-18

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