Mwaniki Silas Ngari v Kisii University [2019] KEELRC 2422 (KLR)

Summary at a glance

Facts

The claimant was employed as an Associate Professor by Egerton University and later appointed as Deputy Principal Academic Affairs (DPAA) by Kisii University College, which became a constituent college of Egerton University. The Universities Act 2012 repealed the previous Acts and re-established the universities, leading to the redundancy of the DPAA position. The claimant was appointed Acting Deputy Vice Chancellor Academic Affairs (DVCAA) but was later directed to hand over the office to the substantive DVCAA.

Issues

• Whether the respondent breached or unlawfully constructively terminated the claimant’s contract of employment
• Whether the respondent violated the claimant’s constitutional rights between August 2013 and 31.10.2015
• Whether the claimant is entitled to the reliefs sought

Reasoning

The court ruled that the respondent's actions were not in breach of the contract or constructive dismissal, and the contract was frustrated by an operation of the law.

Outcome

Affirmed

Authorities cited