Musasia v Egerton University (Appeal E016 of 2025) [2025] KEELRC 865 (KLR) (18 March 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 865
- Citation
- [2025] KEELRC 865 (KLR)
- Decided
- 18 March 2025
Summary at a glance
TypeAppealPostureAppellant's application under certificate of urgencyCoramJ. Rika
The Court finds the order improper and directs the application to be argued inter partes with the Employer involved.
Facts
The Appellant, Reuben Musasia, filed an application for a deduction of 45% of his salary from Egerton University. The order was directed at Pwani University, which was not a party to the appeal.
Issues
- Whether the order issued by the Trial Court is proper
- Whether the 45% deduction is within the law
Reasoning
The Court ruled that the order was directed at a non-party (Pwani University) and that the 45% deduction is within the law, but the application needs to be argued with the Employer.
Outcome
The application is dismissed and the application is to be argued inter partes with the Employer.
Orders
- The application is to be served upon the Respondent and Pwani University and processed for hearing inter partes as soon as practicable at the Registry
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