Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Moi University (Cause E032 of 2025) [2025] KEELRC 2725 (KLR)
The bottom line
#Moi University's redundancy process was flawed despite valid reasons, so affected staff across all unions get the same protection: quashed termination letters and a fresh, lawful process.
What this practically means
#Executive summary
#Key legal issues
#Application of prior judgment on identical redundancy to a different union's members
The court applied the judgment and orders in ELRC Cause No. E018 of 2025 (UASU v Moi University) as consolidated with ELRC Cause No. E020 of 2025 (KUSU v Moi University) to this suit, since the redundancies arose from the same circumstances and involved the same employer
The redundancies in this suit arose from the same set of circumstances as in the consolidated UASU and KUSU suits, the employees were employees of the same Respondent, and the only difference was the union representing them based on job categories. The court held there was no justification for treating these employees differently or expending judicial resources re-hearing the same subject matter already determined.
Lawfulness of the redundancy in the underlying consolidated suits
As found in the adopted judgment, although there was valid reason for the redundancies, the process was flawed for lack of proper consultation and premature issuance of termination letters before setting out an objective selection criteria
The adopted judgment found no proper consultations with the claimant unions and that letters were issued prematurely before an objective criteria for identification of employees was set out and shared. The PKF report did not contain information on the actual selection, and no demonstration was made that selection complied with section 40 of the Employment Act. The letters also reflected bad faith as they were issued contrary to counsel's assurance to the court.
Legal principles established
#- Where the same subject matter has already been determined in consolidated suits arising from the same redundancy exercise, the judgment and orders in those suits apply to a later suit by another union representing different job categories of the same employer's employees
Court orders
#- 1.The judgment and orders in ELRC Cause No. E018 of 2025 Universities Academic Staff Union (UASU) v Moi University as consolidated with ELRC Cause No. E020 of 2025 Kenya Universities Staff Union (KUSU) v Moi University and Others shall apply to this suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act and the Employment Act (not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Moi University (Cause E032 of 2025) [2025] KEELRC 2725 (KLR)", Case Analysis (2025). Not stated on the face of the judgment (ELRC Cause, Employment and Labour Relations Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2725/eng@2025-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.