Republic v Murang’a University of Technology; Wangila & another (Ex parte Applicants); Universities Academic Staff Union National Office & another (Interested Parties) (Judicial Review E046, E047, E051 & E052 of 2024 (Consolidated)) [2025] KEELRC 2327 (KLR)
The bottom line
#Kenya's Employment Court ruled that Murang'a University must reinstate two lecturers and pay their withheld salaries because Public Service Commission decisions are binding, not optional.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent University is bound by the decision of the PSC
The University is bound by the PSC decision and must implement it; it cannot second-guess or refuse to implement it even where it applies to court for review, absent an interim injunctive order.
Section 74 of the Public Service Commission Act confers on the PSC the power to set aside disciplinary decisions, and section 74(6) provides that where a decision is set aside the officer reverts to his previous status with attendant benefits. The court held PSC is a superior disciplinary body and its decision is not a suggestion. No interim injunctive relief was obtained by the University, so implementation was mandatory.
Whether the court should quash the PSC decisions in judicial review
The University's JR applications failed because the PSC decisions were not faulted in any material respect; judicial review concerns fair treatment, not substitution of the court's opinion.
Relying on Nation Media Group Ltd v Cradle, the purpose of judicial review is to determine whether the applicant was accorded fair treatment by the public body, not to substitute the court's own opinion. The exparte applicants exhausted internal and statutory mechanisms; the PSC found the terminations procedurally unfair. The University's applications disclosed no justifiable reason for review and were dismissed.
Legal principles established
#- On matters of discipline the PSC is a superior body to the disciplinary bodies of any public institution whose employees have a right of appeal to it, and its decision is binding and must be implemented unless an injunction or interim order is obtained.
- Under section 74(6) of the Public Service Commission Act, where the Commission sets aside a decision, the public officer reverts to the previous status held and receives attendant benefits as though the decision set aside was never made.
Court orders
#- 1.An order of mandamus directed at the Muranga University of Technology (MUT) compelling it to comply with and implement the decision of the Public Service Commission (PSC) in respect of the two Exparte Applicants, being Benson Muchai Irungu and Dr. Joseph Masinde by reinstating them to the position they held from the date of suspension and to pay to the two public officers all arrear salaries and allowances withheld by the university from the said date to the date of this judgment
- 2.The Respondent Murang'a University of Technology (MUT) to meet the costs of the consolidated suit
- Jurisdiction invoked
- Judicial review jurisdiction over administrative decisions of the Public Service Commission and public university disciplinary decisions (Fair Administrative Action Act / Public Service Commission Act, section 74)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Murang’a University of Technology; Wangila & another (Ex parte Applicants); Universities Academic Staff Union National Office & another (Interested Parties) (Judicial Review E046, E047, E051 & E052 of 2024 (Consolidated)) [2025] KEELRC 2327 (KLR)", Case Analysis (2025). Judicial Review E046, E047, E051 and E052 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2327/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.