[2025] KEELRC 1332 (KLR)
The court found that neither party had complied with its directive to file a tabulation of the respondent's entitlements for 2017. The respondent's appointment letters and supporting documents established that he taught six course units in 2017, all in degree programmes. The court reviewed the available evidence,...
Source-derived case information.
- Citation
- [2025] KEELRC 1332 (KLR)
- Parties
- Appellant: The Council, Kisii University; Appellant: The Vice Chancellor, Kisii University; Respondent: Onyango Peter Ouma
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Appeal E030 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Tabulation and Award of Respondent's Entitlements
- Outcome
- The respondent is awarded Kshs.140,000.00 as entitlements for courses/units taught in 2017.
- Judges
- JK Gakeri
- Legal Topics
- Part Time Employment, Remuneration Entitlements, University Staff Contracts, Tabulation of Dues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Council, Kisii University
Appellant
The Vice Chancellor, Kisii University
Appellant
Onyango Peter Ouma
Respondent
Procedural Posture
Civil Appeal / Ruling on Tabulation and Award of Respondent's Entitlements
Legal Issues
- 1 Whether the respondent is entitled to payment for course units taught and examined in 2017.
- 2 What is the correct amount due to the respondent for services rendered in 2017.
- 3 Whether the parties complied with the court's directive to tabulate entitlements for adoption.
Ratio Decidendi
The court found that neither party had complied with its directive to file a tabulation of the respondent's entitlements for 2017. The respondent's appointment letters and supporting documents established that he taught six course units in 2017, all in degree programmes. The court reviewed the available evidence, including appointment letters and examination records, and determined that the respondent was entitled to payment for these six units. The court rejected the appellants' unsupported figure of Kshs.28,000 and the respondent's unfiled computation of Kshs.1,053,816.00, instead relying on the evidence before it to compute the entitlement at Kshs.140,000.00. The court awarded this...
Court Disposition
The respondent is awarded Kshs.140,000.00 as entitlements for courses/units taught in 2017.
Orders
- The respondent is awarded Kshs.140,000.00 for services rendered in 2017.
- The award is adopted as the judgment of the court.
Full Case Text
Judgment text and source record
40 paragraphs
Council, Kisii University & another v Ouma (Appeal E030 of 2023) [2025] KEELRC 1332 (KLR) (7 May 2025) (Ruling)
Neutral citation: [2025] KEELRC 1332 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Appeal E030 of 2023
JK Gakeri, J
May 7, 2025
Between
The Council, Kisii University
1st Appellant
The Vice Chancellor, Kisii University
2nd Appellant
and
Onyango Peter Ouma
Respondent
Ruling
1. In its Judgment delivered on 23rd October, 2024, the court directed the parties to tabulate the respondent’s entitlements for all course units taught and examined in 2017, within 30 days for adoption by the court.
2. However, after not less than four (4) mentions without progressing the matter any further, the court found it appropriate to tabulate the respondent’s entitlements and made it known to the respondent’s counsel who was present in court on 31st March, 2025.
3. This decision was actuated by the fact that none of the parties had demonstrated urgency in having the matter concluded by filing its tabulation in court.
4. The appellant’s letter dated 27th March, 2025 had not tabulation but a figure of Kshs.28,000 and makes no reference to the respondent’s entitlements for 2017 since he rendered services until 17th October, 2017.
5. Strangely, although the respondent’s counsel informed the court that he had forwarded his computation to the appellant, none was filed. He orally informed the court that the figure was Kshs.1,053,816. 00.
6. Analogous to Appeal No. E31 of 2023, all appointment letters of the respondent were issued retroactively, for unexplained reasons, other than less than optimal administration of part-time teaching at the institution.A few illustrations will suffice.Date of Letter of Appointment Course (units) Semester
1. 20th February, 2017 PHIL:EDFO:121 & 104 May – August 2016
2. 8th May, 2017 PHIL:104, 105 & 101 May – August 2016
3. 8th May, 2017 PHIL:104 1st April – 30th April 2016
4. 12th October, 2017 BCOM: Business Ethics January – April 2017
5. 17th October, 2017 EDFO:121 PHIL:104EDFO:112 January – April 2017
7. These letters show that the respondent rendered services at the Faculty of Education and Human Resource Development, Faculty of Information Science and Technology and the School of Business and Economics, and received and signed the letters in 2018 save for the one dated 8th May, 2017 (No. 2 above) and only the last two (2) letters related to services rendered in 2017.
8. In addition, the appellant filed a large number of examination attendance sheets and examination results list of students in various courses as shown below.Semester Unit/Course Degree/Diploma No. of students
January to April 2017 PHIL 101 Degree 3
May – August 2017 PHIL 04 FASS/FIST 4
January – April 2017 EDFO/112 Degree 01
January – April 2017 PHIL 105 Degree 01
January – April 2017 BCOM 403 Degree 11
May – August 2017 BCOM 403 Degree 16
9. Similarly, a summary capturing all the courses/units taught from 2014 – 2017 reveals that in 2017 the respondent instructed students in 6 units as demonstrated elsewhere in this ruling by their examination results.
10. Assuming the respondent instructed students in the 6 units/courses only, all of which were in degree programmes, the amount due to him was Kshs.140,000. 00.
11. Regrettably, all the examination attendance sheets availed relate to courses taught and examined before 2017.
12. The upshot of the foregoing is that the respondent’s entitlements for courses/units taught in 2017 are computed at Kshs.140,000. 00, which amount the court hereby awards.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KISUMU ON THIS 7TH DAY OF MAY 2025DR. JACOB GAKERIJUDGEOrderIn view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.