Kisii University v Kenya University Staff Union (Civil Appeal E145 of 2022) [2024] KECA 656 (KLR) (7 June 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 656
- Citation
- [2024] KECA 656 (KLR)
- Decided
- 7 June 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Employment and Labour Relations CourtCoramH. A. OMONDI, JOEL NGUGI
Holding
The redundancy notice is valid, procedural fairness was upheld, consultations were not required, and the damages awarded are reduced to 3 months' salary.
Facts
Kisii University sent a redundancy notice to 204 employees on September 30, 2020. The Kenya University Staff Union challenged the notice as unlawful, unfair, and violating constitutional rights. The University argued it complied with due process.
Issues
- Validity of redundancy notice
- Procedural fairness
- Consultations with the Union
- Reasons for redundancies
- Damages awarded
Reasoning
The court found the redundancy notice valid and procedural fairness upheld. The court also found the damages awarded excessive and reduced them to 3 months' salary.
Outcome
Appeal allowed in part, damages reduced to 3 months' salary.
Orders
- Damages reduced to 3 months' salary
Authorities cited
Legislation (2)
- Employment Act
- Human Resource Management Professionals Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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