[2025] KEELRC 865 (KLR)
The court held that it is improper to issue orders against entities that are not parties to the proceedings. The deduction of 45% from the appellant's salary does not, on its face, violate section 19(3) of the Employment Act, which caps deductions at two-thirds (66.67%) of salary, unless there are other deductions...
Source-derived case information.
- Citation
- [2025] KEELRC 865 (KLR)
- Parties
- Appellant: Reuben Musasia; Respondent: Egerton University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Appeal E016 of 2025
- Procedural Posture
- Civil Appeal / Preliminary Ruling on Interlocutory Application
- Outcome
- Application to be served and heard inter partes; no interim orders granted.
- Judges
- J Rika
- Legal Topics
- Salary Deductions, Non Party Orders, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Musasia
Appellant
Egerton University
Respondent
Procedural Posture
Civil Appeal / Preliminary Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court can issue orders directed at non-parties to the appeal.
- 2 Whether the salary deduction imposed on the appellant is lawful under section 19(3) of the Employment Act.
- 3 Whether the application should be heard inter partes before granting orders.
Ratio Decidendi
The court held that it is improper to issue orders against entities that are not parties to the proceedings. The deduction of 45% from the appellant's salary does not, on its face, violate section 19(3) of the Employment Act, which caps deductions at two-thirds (66.67%) of salary, unless there are other deductions not disclosed. The employer must be involved to clarify the total deductions. The application must be served on both the respondent and Pwani University and heard inter partes before any orders can be granted.
Court Disposition
Application to be served and heard inter partes; no interim orders granted.
Orders
- The appellant's application dated 14th March 2025 shall be served upon the respondent and Pwani University.
- The application shall be processed for hearing inter partes as soon as practicable at the registry.
Full Case Text
Judgment text and source record
24 paragraphs
Musasia v Egerton University (Appeal E016 of 2025) [2025] KEELRC 865 (KLR) (18 March 2025) (Ruling)
Neutral citation: [2025] KEELRC 865 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Appeal E016 of 2025
J Rika, J
March 18, 2025
Between
Reuben Musasia
Appellant
and
Egerton University
Respondent
Ruling
1. This is a preliminary ruling on the Appellant’s application, brought under certificate of urgency, dated 14th March 2025.
2. The order issued by the Trial Court on 12th March 2025, subject matter of the Appeal, is directed at Pwani University.
3. Pwani University is not named as a Party to the Appeal, and it is not clear from the Appellant, if Pwani University was a Party to the Application giving rise to the Appeal.
4. It is not proper that the Court issues orders directed at Non-Parties.
5. Section 19 [3] of the Employment Act, which governs deduction of salaries, states that deductions shall not at any one time, exceed two-thirds of an Employee’s salary.
6. Two-thirds is 66. 67%, and 45% deduction imposed on the Appellant’s salary seems to be within the law, assuming that, there are no other deductions imposed on the Appellant’s salary.
7. The Employer needs to be involved, so as to clarify the totality of the deductions.
8. The application needs to be argued inter partes, before the orders sought can be granted.
9. The application filed by the Appellant, dated 14th March 2025, shall be served upon the Respondent, and Pwani University, and processed for hearing inter partes, as soon as practicable, at the Registry.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY AT NAKURU, THIS 18TH DAY OF MARCH 2025. JAMES RIKAJUDGE