Council, Kisii University & another v Ouma [2025] KEELRC 1332 (KLR)

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.