Kenei v Egerton University & another (Petition E009 of 2022) [2023] KEELRC 918 (KLR) (20 April 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 918
- Citation
- [2023] KEELRC 918 (KLR)
- Decided
- 20 April 2023
Summary at a glance
TypeLabor DisputePosturePetition for Declaration and Specific PerformanceCoramHS WASILWA
The Petition is dismissed as it lacks merit.
Facts
The Petitioner, Francis Kiplangat Kenei, was a permanent and pensionable employee of Egerton University. The 1st Respondent, Egerton University, unilaterally changed the terms of service for the position of Registrar-Human Capital and Administration from permanent and pensionable to a contract of 5 years.
Issues
- Unilateral change in terms of service for the position of Registrar-Human Capital and Administration
- Violation of constitutional rights
Reasoning
The court found that the employer has the prerogative to determine terms and conditions of employment of an employee, and that the petition does not show any law that mandates the respondent to determine terms and conditions of employment.
Outcome
Petition dismissed
Authorities cited
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