Kirinyaga University UASU Chapter v Kirinyaga University & another (Petition E031 of 2023) [2023] KEELRC 2358 (KLR) (5 October 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2358
- Citation
- [2023] KEELRC 2358 (KLR)
- Decided
- 5 October 2023
The Petitioner has a prima facie case and the court is convinced that the Petitioner will suffer irreparable harm if the interim injunction is not granted.
Facts
The Petitioner, a chapter of the University Academic Staff Union, challenged the implementation of the Academic Workload Policy by the Respondents, Kirinyaga University and its Vice-Chancellor. The Petitioner alleged that it was not consulted on the policy, which increased the academic staff's teaching load.
Issues
- Whether the Petitioner was consulted on the Academic Workload Policy
- Whether the Petitioner's rights were affected by the policy
Reasoning
The court found that the Petitioner was not consulted on the policy and that the policy increased the workload of the academic staff, which could be considered affecting their rights. The court emphasized the importance of consultation in matters that affect individuals' rights and obligations.
Outcome
The court granted the Petitioner an interim injunction.
Orders
- Interim injunction to halt the implementation of the Academic Workload Policy pending further proceedings
Remedies
- Interim injunction to halt the implementation of the Academic Workload Policy
Authorities cited
Legislation (2)
- Universities Act, 2012
- Fair Administrative Action Act, 2015
Cases cited (3)
- Kevin K. Mwiti & others v Kenya School of Law & others
- Universities Academic Staff Union (UASU) Tum Chapter v Technical University of Mombasa
- Director of Public Prosecutions v Justus Mwendwa Kathenge & 2 others
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