Shadrack Muchemi Mbau v Presbyterian University of East Africa [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Byram Ongaya
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Shadrack Muchemi Mbau v Presbyterian University of East Africa [2020] eKLR case summary, highlighting key legal principles and implications for education law in Kenya.

Case Brief: Shadrack Muchemi Mbau v Presbyterian University of East Africa [2020] eKLR

1. Case Information:
- Name of the Case: Shadrack Muchemi Mbau v. Presbyterian University of East Africa
- Case Number: Cause No. 732 of 2016
- Court: Employment and Labour Relations Court of Kenya
- Date Delivered: 16th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Byram Ongaya
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include:
- Whether the respondent engaged in unfair labour practices concerning the claimant.
- Whether the claimant's deployment to the library, for which he lacked qualifications, was lawful.
- Whether the claimant's suspension from employment was justified and lawful.
- What remedies the claimant is entitled to as a result of the respondent's actions.

3. Facts of the Case:
The claimant, Shadrack Muchemi Mbau, was employed by the Presbyterian University of East Africa, initially as an Administrative Assistant in November 2008, with subsequent promotions leading to the position of Assistant Registrar on a permanent basis in November 2014. In January 2016, he applied for a part-time lecturer position but was instead deployed to the library on 9th February 2016, a role for which he had no qualifications or prior training. The claimant protested this deployment, asserting it was unjustified. Following this, he received a suspension letter on 7th April 2016, which was linked to his inquiries about the deployment. The claimant subsequently filed a suit for unfair labour practices, seeking various forms of relief.

4. Procedural History:
The case progressed through the Employment and Labour Relations Court, with the claimant initially filing an amended memorandum of claim on 28th February 2020. The respondent's counsel filed a response on 14th August 2020, requesting the dismissal of the suit. The court allowed the case to be decided based on pleadings and submissions, as the respondent failed to present a defense. On 16th October 2020, the court delivered its judgment.

5. Analysis:
- Rules: The court considered relevant statutes, particularly Article 41 of the Kenyan Constitution, which guarantees the right to fair labour practices, and Section 46(h) of the Employment Act, which outlines unfair reasons for dismissal or disciplinary action.
- Case Law: The court referenced previous cases establishing the standards for unfair dismissal and the rights of employees regarding deployment and suspension. These cases emphasized the necessity for employers to provide justifiable reasons for actions that affect employees' positions.
- Application: The court found that the claimant's deployment to the library was unreasonable due to his lack of qualifications, and the respondent failed to justify this action. The court ruled that the claimant's suspension was unlawful as it was a direct consequence of his inquiries regarding the deployment. The court concluded that the claimant remained employed under the original terms due to the absence of a formal termination.

6. Conclusion:
The court ruled in favor of the claimant, declaring that the respondent had engaged in unfair labour practices. The court granted several remedies, including a permanent injunction against further unjust deployments, nullification of the deployment and suspension decisions, and an order for the claimant to report for duty with full pay and benefits reinstated. The court also mandated the respondent to pay the claimant's salary arrears.

7. Dissent:
There were no dissenting opinions noted in the judgment, as the decision was delivered by a single judge.

8. Summary:
The court's judgment established that the Presbyterian University of East Africa had engaged in unfair labour practices against Shadrack Muchemi Mbau by unlawfully deploying him to a position for which he was unqualified and suspending him without just cause. The ruling emphasized the importance of fair treatment in employment and underscored the legal protections afforded to employees under Kenyan law. The decision is significant for reinforcing employee rights and the obligations of employers in Kenya regarding fair labour practices.

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