Universities Academic Staff Union Egerton Chapter/Branch v Egerton University & 2 others; Board of Trustees, Egerton University Retirement Benefits Scheme & 2 others (Interested Parties) (Cause E020 of 2023) [2023] KEELRC 2927 (KLR) (16 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2927
- Citation
- [2023] KEELRC 2927 (KLR)
- Decided
- 16 November 2023
Summary at a glance
TypeLabor DisputePostureAppeal from an earlier decisionCoramDN NDERITU, SC, See Mativo, Wasilwa
The court ruled that the Hon. Justice D.N. Nderitu should be disqualified from hearing the case.
Facts
The claimant, the Universities Academic Staff Union Egerton Chapter/Branch, filed a claim against Egerton University and its Board of Trustees for unpaid pension contributions totaling approximately 1,343,644,512 Kenyan Shillings. The claimant alleged that the university was unable to pay its academic and non-academic staff due to financial challenges.
Issues
- Whether the Employment and Labour Relations Court (ELRC) has the authority to recuse itself from hearing the case.
- Whether the court demonstrated actual bias in previous cases involving the same parties.
Reasoning
The court found that the Hon. Justice Nderitu had a pre-determined mind due to previous cases involving the same parties and the financial challenges faced by the university.
Outcome
The court ruled in favor of the claimant and ordered the recusal of Hon. Justice D.N. Nderitu.
Orders
- Hon. Justice D.N. Nderitu be pleased to disqualify or recuse himself from hearing and determining this matter.
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