- Labour Court orders Egerton University to compensate Dr. Nyalala Innocent Odira with Sh5 million for unlawful contract revocation.
- Judge James Rika ruled that the university violated fair labour practices by recalling the lecturer’s appointment without justification.
- Dr. Nyalala reinstated as a Computer Science lecturer with full salary and benefits.
- The court faulted VC Prof. Isaac Kibwage and the university for failing to provide written reasons for the contract termination.
Egerton University has been dealt a legal blow after the Labour Court ordered it to pay Sh5 million in damages to Dr. Nyalala Innocent Odira, a lecturer whose employment contract was revoked unlawfully. Justice James Rika ruled that the university’s decision, made on February 24, 2024, lacked legal justification and violated the lecturer’s right to fair labour practices.
The court reinstated Dr. Nyalala as a Computer Science lecturer, directing the university to honour his full salary and benefits from the date of appointment.
Disputed Appointment and Retraction
Dr. Nyalala was appointed through a competitive recruitment process and received his appointment letter on November 30, 2023, instructing him to report within three months. However, eight days later, Egerton University asked him to return the letter for corrections, which he complied with.
After weeks of silence, Dr. Nyalala sought clarification from the university on March 7, 2024, only to receive a backdated letter declaring him unsuccessful in the interview due to lack of qualifications. The lecturer challenged this, stating that he was indeed qualified and had even been teaching part-time and administering exams at Egerton University.
Court Faults Egerton’s Actions
The court ruled that Egerton University, Vice-Chancellor Prof. Isaac Kibwage, and the university council failed to follow due process. Justice Rika faulted the VC for failing to provide adequate notice, justification, or an appeal process, thereby violating fair labour laws under the Fair Administrative Action Act.
“The petitioner’s rights were impaired. Section 4(3) of the Fair Administrative Action Act required that the respondents give the petitioner adequate notice and reasons for the proposed decision,” stated Justice Rika.
The ruling reinforces employee rights and sets a legal precedent on fair labour practices in universities and other institutions.
