The Employment and Labour Relations Court in Kisii has ordered Maasai Mara University to pay 19 former part-time lecturers Sh9.1 million in unpaid dues, along with interest and costs.
Justice Nzioki wa Makau ruled in favour of Benard Oichoe Kinara and 18 fellow academic staff, directing the university to settle the quantified salary claims dating back to 2016 alongside court-rate interest.
The 19 lecturers served at the university’s Kisii and Kilgoris campuses between 2014 and 2016 without remuneration.
They filed a formal complaint with the Commission on Administrative Justice (CAJ) on July 10, 2019. Following investigations, the Ombudsman found that the university had violated their right to fair administrative action under Article 47 by delaying payment.
The CAJ quantified the dues and directed the university to settle the amounts within 12 months and submit a payment plan within 60 days. Despite the directive, the university repeatedly delayed settlement.
In a letter dated December 10, 2019, the university stated that approximately 80 per cent of the claims had been verified as genuine.
The institution acknowledged liability again on September 16, 2020, and indicated it had reached out to the petitioners for an amicable settlement.
When the university’s Vice Chancellor appeared before the Ombudsman on June 9, 2021, the institution acknowledged the claims but cited financial constraints and verification challenges.
The CAJ issued a determination finding the university had acted unreasonably. The Ombudsman’s report was tabled before the National Assembly on July 4, 2023, but lawmakers did not consider or act on it.
In their petition, the lecturers sought a declaration that the failure by Maasai Mara University and the National Assembly to act on the CAJ recommendations constituted a violation of Articles 10, 22, 47, 59, and 95 of the Constitution.
They requested an order compelling Parliament to consider the report or, failing that, an order directing the university to pay the outstanding sums with interest from December 1, 2016, alongside general damages and costs.
Opposing the petition, Maasai Mara University contended that the petitioners provided no proof of employment and argued the matter was purely contractual.
The National Assembly separately argued it lacked a statutory mandate to enforce CAJ determinations directly without a specific non-compliance report.
The Ombudsman, appearing as an interested party, maintained that the university was bound by its own undertakings and the CAJ determination.
Delivering the judgment, Justice Makau found that the university had abridged the petitioners’ constitutional rights.
“The first respondent has brought this matter upon itself. From the correspondence before the court and the actions of the interested party directed to it, it is apparent the first respondent has breached constitutional rights of the petitioners… the right to fair administrative action under Article 47 has been abridged by the first respondent repeatedly,” the court ruled.
The court dismissed the case against Parliament, holding that it lacked the power to direct parliamentary procedures and noting that a specific non-compliance report had not been formally submitted to trigger mandatory legislative action.
The court ordered the university to pay the exact sum quantified in the petition.
“It is the finding of this court that the sums due from the first respondent to the 19 petitioners are as enumerated in Part III Para 4 of the petition,” the judge ruled. “The petitioners will have interest on the sums above at court rates from the date of judgment till payment in full.”
The judge further ordered that the legal costs of the suit be borne exclusively by the university.
