Amadi v Great Lakes University of Kisumu (Cause E071 of 2023) [2025] KEELRC 1438 (KLR)
The bottom line
#A Kenyan court ruled that a university's dismissal of its Vice Chancellor by a dissolved council was void, awarding her over Kshs. 10 million.
What this practically means
#Executive summary
#Key legal issues
#Lawfulness of the alleged dismissal in March 2017
The dismissal was null and void because the Governing Council that effected it had been dissolved on 1st February 2017; the Claimant continued to serve until December 2020 and earned her gratuity.
The Court relied on the letter dated 27th March 2017 from the Chair of the Board of Trustees showing the Council was dissolved on 1st February 2017, before the purported dismissal. It found it implausible that someone dismissed in March 2017 would continue to serve, including presiding over a virtual graduation in 2020. The contractual gratuity was therefore due, computed at 25% of total earnings of Kshs. 19,950,000/- for 57 months of service.
Salary arrears April to December 2020
Awarded at Kshs. 5,197,500/- as the Respondent failed to produce records proving payment.
The employer bears the statutory duty to keep employment records. If the Claimant had been paid between April and December 2020, the Respondent would have produced bank records evidencing payment. No such record was availed. The Claimant therefore proved non-payment of wages as and when they fell due.
Limitation of claims for 2019 salary arrears and leave dues
Claims accruing more than three years before filing are barred under section 90 of the Employment Act; the 2019 salary arrears and the undifferentiated leave claim were not recoverable.
Section 90 limits employment claims to three years from accrual. The salary arrears from August to December 2019 fell outside the period. The leave claim covering 2016 to 2020 was also lost because the Claimant did not break down the amounts per year, so the 2020 portion could not be isolated within the limitation window.
Salary for January and February 2021
Refused; the Claimant left employment in December 2020 and rendered no services thereafter.
Although engaged for five years from March 2016, the Claimant left the Respondent's employ in December 2020. Wages are consideration for services rendered; since no services were offered in early 2021, there is no basis for payment for that period.
Legal principles established
#- A purported dismissal effected by a Governing Council that had already been dissolved is null and void.
- It is the employer's responsibility under the Employment Act to keep employment and payment records; failure to produce records showing payment means the claim for unpaid wages is proved.
- Contractual gratuity is enforceable where the employee completes the contracted service; it is not a discretionary favour.
- Claims for employment dues are limited to three years from accrual of the cause of action under section 90 of the Employment Act.
Court orders
#- 1.Judgment for the Claimant against the Respondent for salary arrears from April 2020 to December 2020 of Kshs. 5,197,500/-
- 2.Gratuity of Kshs. 4,987,500/- being 25% of total earnings of Kshs. 19,950,000/- for the 57 months served
- 3.Costs of the suit to the Claimant
- 4.Interest at court rates on the sums in (a) and (b) from the date of judgment till payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court Act, section 12 (including section 12(4) on costs)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amadi v Great Lakes University of Kisumu (Cause E071 of 2023) [2025] KEELRC 1438 (KLR)", Case Analysis (2025). Memorandum of Claim dated 15th September 2023 (ELRC, Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1438/eng@2025-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.