The Employment and Labour Relations Court in Kisii has ruled that Maasai Mara University must pay Ksh. 9.1 million to 19 former part-time lecturers who served at the institution's Kisii and Kilgoris satellite campuses between 2014 and 2016. Despite fulfilling their teaching duties, they received no remuneration. The lecturers, led by Benard Oichoe Kinara, had escalated the matter to the Commission on Administrative Justice (CAJ) in July 2019.
The CAJ investigated and determined that the university had acted unreasonably in delaying the payments. The commission quantified the accrued dues at Ksh. 9.1 million and directed the university to set up a settlement plan within 60 days and clear the balance within 12 months. Although the university admitted liability, payment failed to materialize. In December 2019, the university acknowledged that over 80 percent of the lecturers' claims were genuine.
Maasai Mara University's Vice-Chancellor conceded to the claims in June 2021, citing severe financial constraints and ongoing internal verification challenges. The CAJ submitted a detailed report on the matter to the National Assembly on July 4, 2023. However, lawmakers took no action on the findings, prompting the lecturers to seek judicial intervention against both the university and Parliament.
In its defense, Maasai Mara University argued that the petitioners failed to provide proof of employment and framed the dispute as purely contractual. The National Assembly argued it lacked a direct statutory mechanism to enforce CAJ determinations without a specific non-compliance submission. Justice Nzioki wa Makau rejected the university's defense, noting that the institution brought the litigation upon itself through repeated failure to honor its commitments.
Justice Makau ruled that the university had breached the constitutional rights of the petitioners, specifically the right to fair administrative action under Article 47. The court dismissed the case against Parliament, finding no jurisdiction to dictate internal legislative procedures. However, the court ruled in favor of the academics regarding the university's financial obligations.
In addition to settling the exact sum of Ksh. 9.1 million, Maasai Mara University was ordered to pay interest on the amount at standard court rates from the date of judgment until full payment. The university was also ordered to bear all legal costs arising from the suit. The court's decision marks a significant victory for the former part-time lecturers who had been seeking compensation for their services.
The court's ruling highlights the importance of upholding the constitutional rights of employees in Kenya. The case demonstrates that institutions must honor their commitments to employees and that failure to do so can result in severe consequences. The ruling also underscores the role of the CAJ in protecting the rights of citizens and ensuring that institutions act reasonably in their dealings with employees.
Key points
- Maasai Mara University ordered to pay Ksh. 9.1 million to 19 former part-time lecturers.
- The university had breached the constitutional rights of the petitioners, specifically the right to fair administrative action under Article 47.
- The court's decision marks a significant victory for the former part-time lecturers who had been seeking compensation for their services.
