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ELRCPartially AllowedNairobi Cause No. E429 of 2021· [2025] KEELRC 1516 (KLR)

Imbisi v Kenyatta University (Cause E429 of 2021) [2025] KEELRC 1516 (KLR)

Employment and Labour Relations Court
23 May 2025
6,438 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

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Kenyatta University lawfully fired a lecturer over a relationship with a student, but still owed him Kshs. 404,400 in unpaid teaching and marking wages.

What this practically means

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Executive summary

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The claimant, a Senior Lecturer at Kenyatta University employed from 1996 until his termination on 25th September 2020, sued claiming reinstatement, salary arrears, terminal dues, loss of future earnings of Kshs. 68,827,068, twelve months' compensation, damages for discrimination, defamation and exemplary damages. His dismissal followed allegations of sexual harassment of a student, WW, involving meetings at the university carpark before a CAT and at Kamakis restaurant, requests that she be his 'baby', remarks that her marks were in his hands, and Kshs. 200 given for lunch. The respondent maintained the dismissal followed internal investigations and disciplinary hearings before the Senior Board of Discipline where both the claimant and complainant were heard. The court framed three issues: fairness of termination, discrimination and defamation, and entitlement to reliefs. It found the claimant had unequivocally admitted a non-academic relationship with a student and possible influence over a continuous assessment test, breaching the standard of care of a careful and prudent parent owed to students, satisfying sections 43 and 44(4)(g) of the Employment Act. Procedurally, the court found substantial compliance with section 41: the claimant was informed of the allegations in sufficient detail, appeared with two union officials who interrogated the complainant, and did not object to the proceedings. The discrimination and defamation claims failed for want of evidence and submissions. The termination was held lawful and fair, so reinstatement, arrears, compensation and damages were refused. However, unpaid part-time teaching and marking wages of Kshs. 404,400 were awarded with interest from filing, plus costs. A stay of 30 days was granted.

Key legal issues

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01

Whether the termination was substantively fair (valid and fair reason)

Holding

Yes - the claimant's admitted non-academic relationship with a student and possible influence over a CAT met the threshold of a valid and fair reason under sections 43 and 44(4)(g) of the Employment Act

Reasoning

The claimant admitted a cordial, non-academic relationship with student WW, meeting her at the carpark before a CAT and at Kamakis restaurant before results release, with text messages having nothing academic. As a lecturer he stood in a position of trust akin to a parent, and his conduct violated the standard of care owed to students. The court distinguished authorities where employers failed to prove allegations, since here the claimant admitted the facts. The reason therefore met the threshold of section 43 of the Employment Act.

p. 8
02

Whether the termination was procedurally fair under section 41 of the Employment Act

Holding

Yes - there was substantial compliance with section 41 despite the claimant not personally cross-examining the complainant

Reasoning

The claimant received invitation letters disclosing the charge with sufficient detail, documents were supplied to his union before the hearing (though 6 days before rather than the CBA period), he attended with two union officials who were allowed to interrogate the complainant and make representations, and he did not object to the proceedings. He was dismissed on the same grounds he was suspended on, invited on and heard on. The court found substantial compliance with section 41.

p. 10
03

Whether the claims for discrimination and defamation were established

Holding

No - the claims failed for want of evidence and submissions

Reasoning

The court found that no evidence was led on the issues of discrimination and defamation, and the claimant did not submit on them. The claims were therefore held to be without basis and were dismissed.

p. 11
04

Whether the claimant is entitled to terminal dues for part-time teaching and marking

Holding

Yes - Kshs. 404,400 awarded with interest, as the respondent did not demonstrate verification or grounds to deny them

Reasoning

The respondent had stated the part-time claims were premature and undergoing verification but its witness did not address whether verification had since been done. The accumulated CBA arrears claim was denied, but the court found no basis to deny the part-time and marking dues, awarding them as prayed under paragraphs 9 (iv-xiii) totalling Kshs. 404,400 with interest from filing.

p. 11

Legal principles established

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  • A cordial, non-academic relationship between a lecturer and a female student violates the trust entrusted by parents to academic institutions and fails the standard of care of a careful and prudent parent
  • Even without cross-examination of a complainant, there can be substantial compliance with section 41 of the Employment Act where the employee is informed of allegations with sufficient detail, establishes an informed defence, and is accompanied by union representatives who interrogate the complainant

Court orders

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  1. 1.Judgment entered for the claimant against the respondent for terminal dues under paragraphs 9 (iv-xiii) of the claim: unpaid part-time and marking wages amounting to Kshs. 404,400
  2. 2.Interest at court rates from date of filing suit
  3. 3.Costs of the suit
  4. 4.Stay of 30 days granted

Authorities

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Legislation

  • Employment Actsection 45(2)
  • Employment Actsection 47(5)
  • Employment Actsection 44(4)(g)
  • Employment Actsection 43
  • Employment Actsection 41(1) and (2)
  • Employment Actsection 42(1)
  • Employment Actsection 6(2)
  • Employment Actsection 44

Cases cited (10)

  • Walter Ogal Anuro v Teachers Service Commission
    [2013] eKLR
  • Hawkins Ouma v Faulu Microfinance Bank Ltd
    Cause No. E015 of 2022
  • Jeremy Wanyama v Phoenix Aviation Ltd
    ELRC Cause No. 034 of 2023
  • Fredrick Muriuki Mwangi v Goodman Agencies Ltd
    Cause No. E318 of 2020
  • Okun vs Kenyatta University
    (Cause 363 of 2019) [2023] KEELRC 2340 (KLR)
  • Thomas Sila Nzivo vs Bamburi Cement Limited
    (2014) eKLR
  • Kenya Revenue Authority vs Reuwel Waithaka Gathi & 2 Others
    (2019) eKLR
  • B. (A.) v. D. (C.)
    [2011] B.C.J. No. 1087, 2011 BCSC 775
  • Myers v. Peel County Board of Education
    [1981] 2 S.C.R. 21
  • W.J & another v Astarikoh Henry Amkoah & 9 others
    [2015] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over unfair termination and employment disputes under the Employment Act

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, "Imbisi v Kenyatta University (Cause E429 of 2021) [2025] KEELRC 1516 (KLR)", Case Analysis (2025). Nairobi Cause No. E429 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1516/eng@2025-05-23

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