Ndung’u v Egerton University (Cause E023 of 2025) [2025] KEELRC 3728 (KLR)
The bottom line
#A Kenyan university was ordered to pay a retired lecturer over Kshs. 4.3 million because claiming financial hardship is no defence to admitted employee dues.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent owed the Claimant his claimed dues despite filing a general denial
Yes. The Respondent's witness conceded liability on all heads of claim in evidence, leaving no credible response to the Claim.
The Respondent's witness, Janet Bii, acknowledged owing Kshs. 2,457,921 on pension and deferred payments, and on cross-examination conceded leave and journal/ICT allowances, absence of evidence of remittance of loan deductions, loss of interest, and no evidence of remittance of the Kshs. 494,314 deducted to any statutory body. The Statement of Response was a general denial, and the Court found it intended merely to buy time given the Respondent's financial crunch.
Whether the Respondent's financial incapacity was a ground to withhold judgment
No. Financial difficulty is not a defence to an admitted debt owed to a retired employee.
The witness explained the Respondent had been deprived of government capitation and owed suppliers Kshs. 9.2 billion, making it hesitant to have judgment entered. The Court held this was the wrong approach: the Claimant served faithfully for 17 years and needed his pension and terminal benefits in retirement; the Respondent should have planned payment after resignation in 2022 rather than waiting for litigation.
Legal principles established
#- A respondent who offers no credible response to a claim and effectively concedes it in the evidence of its witness cannot resist judgment on grounds of financial difficulty.
Court orders
#- 1.The Claim is allowed
- 2.The Respondent shall pay to the Claimant unremitted pension at Kshs. 2,779,126; deferred payments at Kshs. 394,319.50; unremitted loan deductions at Kshs. 110,003,66; lost interest on the pension at Kshs. 574,992; and taxable benefits at Kshs. 494,314 - total Kshs. 4,352,755.16
- 3.Costs to the Claimant
- 4.Interest allowed at court rate, from the date of Judgment, till payment is made in full
- Jurisdiction invoked
- Employment and Labour Relations Court original jurisdiction under the Employment and Labour Relations Court Act; delivery pursuant to Rule 68[5] of the E&LRC [Procedure] Rules, 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndung’u v Egerton University (Cause E023 of 2025) [2025] KEELRC 3728 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3728/eng@2025-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.