KISII, Kenya — The Employment and Labour Relations Court in Kisii has ordered Maasai Mara University to pay 19 former part-time lecturers a combined Sh10.19 million in unpaid dues dating back to work they performed between 2014 and 2016.
Justice Nzioki wa Makau found that the university violated the lecturers’ right to fair administrative action after failing to settle their claims despite investigations and recommendations by the Commission on Administrative Justice (CAJ).
The lecturers had worked at the university’s former Kisii and Kilgoris campuses before raising complaints over unpaid remuneration.
CAJ Investigated Unpaid Claims
The lecturers moved to the CAJ in 2019, prompting an investigation into their claims and the university’s handling of the outstanding payments.
The commission found that the university had unreasonably delayed settling the lecturers’ dues. It directed the institution to pay the amounts within 12 months and submit a payment plan within 60 days.
According to the judgment, the university later acknowledged that about 80 per cent of the claims had been verified as genuine.
However, the lecturers remained unpaid, leading them to seek relief through the courts.
University Disputed Claims
Maasai Mara University opposed the case, arguing that the lecturers had not provided sufficient documentation to establish their employment and substantiate the amounts claimed.
The court, however, found that the university had repeatedly shifted its position regarding the claims.
The institution had at various stages cited budgetary constraints before later indicating that it would settle the outstanding amounts.
“The 1st Respondent (Maasai Mara University) has brought this matter upon itself,” Justice Nzioki wa Makau stated in the judgment.
The court consequently found that the university had violated the lecturers’ right to fair administrative action under Article 47 of the Constitution.
Lecturers Awarded Sh10.19 Million
The 19 former lecturers were awarded a combined Sh10.19 million, with individual claims ranging from Sh78,000 to more than Sh1.6 million depending on the work performed at the two campuses.
The university was also ordered to pay interest on the outstanding amounts at court rates from the date of judgment until payment in full.
Maasai Mara University will further meet the costs of the case.
National Assembly Claim Dismissed
The lecturers had also sued the National Assembly over its handling of the CAJ findings.
However, the court dismissed that part of the case, finding that the material presented did not trigger the statutory process requiring Parliament to take action.
The university is therefore required to settle the amounts awarded to the 19 lecturers together with the applicable interest and costs.
