Thiongo v Egerton University (Employment and Labour Relations Cause E014 of 2024) [2025] KEELRC 1582 (KLR)
The bottom line
#The Employment Court ordered Egerton University to pay a retired lecturer over Kshs 5 million in unpaid dues because its own witness statement admitted the debt.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim is merited
The claim succeeded on the strength of the Respondent's own witness statement admitting the sums owed, and judgment was entered for the Claimant on the claimed amounts.
The court relied on a consent admitting the Respondent's witness statement and determining the claim without calling witnesses. The witness statement of Janet Bii admitted outstanding pension, deferred pay and unremitted loan deductions. Applying the law on admissions (Choitram v Nazari), the court treated these as admissions binding the Respondent and entered judgment on the amounts claimed, notwithstanding the Respondent's assertion of financial distress and its jurisdictional objection.
Jurisdiction over pension matters (raised by Respondent under Article 162(2) and Section 12(2) of the ELRC Act)
The court did not uphold the jurisdictional objection and proceeded to enter judgment including on unremitted pension deductions.
The Respondent submitted that the court lacked jurisdiction over pension issues, relying on Kenya Ports Authority v Industrial Court of Kenya. The court did not expressly rule on the objection but determined the claim on admissions and awarded the unremitted pension sums, implicitly treating employment-related pension deductions as within its remit.
Legal principles established
#- An admission in pleadings or documents may ground judgment, including admissions in a party's witness statement that concede the debt owed.
- Costs follow the event unless the court for good reason otherwise orders, but the award of costs is discretionary.
Court orders
#- 1.Payment of unremitted pension deduction meant for remittance to the Respondent's retirement pension scheme from October 2017 to June 2023 amounting to Kshs. 2,537,193.74/=
- 2.Payment of deferred gross pay in the sum of Kshs. 1,871,637.30/=
- 3.Payment of deferred CBA arrears in the sum of Kshs. 98,370/=
- 4.Payment of unremitted loan deductions to Standard Chartered Bank amounting to Kshs. 526,688/=
- 5.Interest on the above sums at 14% per annum from the date of Judgment till full payment
- 6.If there are any other pension dues owing to the claimant he should follow the right channel to pursue the same from the pension scheme
- 7.Each party to bear their own costs of the suit
- Jurisdiction invoked
- Article 162(2) of the Constitution read with Section 12(2) of the Employment and Labour Relations Court Act (jurisdiction raised by Respondent but the court proceeded to determine the claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thiongo v Egerton University (Employment and Labour Relations Cause E014 of 2024) [2025] KEELRC 1582 (KLR)", Case Analysis (2025). Not stated in judgment (memorandum of claim dated 8th March 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1582/eng@2025-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.