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ELRCAllowed· [2025] KEELRC 3728 (KLR)

Ndung’u v Egerton University (Cause E023 of 2025) [2025] KEELRC 3728 (KLR)

Employment and Labour Relations Court
19 December 2025
660 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Claimant, employed by the Respondent University as a Lecturer for 17 years, resigned on 9th May 2022 and filed a Statement of Claim on 8th April 2025 seeking unremitted pension funds (2017 to June 2021) of Kshs. 2,779,128, deferred payments, leave and journal/ICT allowances of Kshs. 394,319, unremitted loan deductions of Kshs. 110,003, lost interest on pension of Kshs. 574,992, and unpaid taxable benefits deductions of Kshs. 494,314, with costs and interest. The Respondent filed a Statement of Response out of time with the Claimant's consent, in the nature of a general denial. At the hearing, the Respondent's witness, Legal Officer Janet Bii, largely conceded the Claim, acknowledging Kshs. 2,457,921 owing on pension and deferred payments, and conceding on cross-examination the allowances, loss of interest, and the absence of any evidence that loan deductions and the Kshs. 494,314 taxable benefits sum were ever remitted. The witness cited the Respondent's financial crunch - deprivation of capitation and supplier debts of Kshs. 9.2 billion - as a reason to withhold judgment. The Court held there was no credible response to the Claim, that the defence was intended merely to buy time, and that a respondent unable to pay should concede and agree a mode of satisfying the decree rather than tax judicial economy. The Claim was allowed in full at Kshs. 4,352,755.16, with costs to the Claimant and interest at court rate from the date of judgment until payment in full.

Key legal issues

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01

Whether the Respondent owed the Claimant his claimed dues despite filing a general denial

Holding

Yes. The Respondent's witness conceded liability on all heads of claim in evidence, leaving no credible response to the Claim.

Reasoning

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.

p. 2
02

Whether the Respondent's financial incapacity was a ground to withhold judgment

Holding

No. Financial difficulty is not a defence to an admitted debt owed to a retired employee.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The Claim is allowed
  2. 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. 3.Costs to the Claimant
  4. 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

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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, "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.