Amadi v Great Lakes University of Kisumu (Cause E071 of 2023) [2025] KEELRC 1438 (KLR)
The bottom line
#A Kenyan court ruled that a university's dismissal of its Vice Chancellor by a dissolved council was void, awarding her over Kshs. 10 million.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Respondent lawfully, if at all, dismissed the Claimant from service around March 2017
- 2.Whether the Claimant is entitled to the prayers sought in the claim, including salary arrears, gratuity, unpaid salary for January and February 2021 and unutilised leave
Key legal issues
#Lawfulness of the alleged dismissal in March 2017
The dismissal was null and void because the Governing Council that effected it had been dissolved on 1st February 2017; the Claimant continued to serve until December 2020 and earned her gratuity.
The Court relied on the letter dated 27th March 2017 from the Chair of the Board of Trustees showing the Council was dissolved on 1st February 2017, before the purported dismissal. It found it implausible that someone dismissed in March 2017 would continue to serve, including presiding over a virtual graduation in 2020. The contractual gratuity was therefore due, computed at 25% of total earnings of Kshs. 19,950,000/- for 57 months of service.
Salary arrears April to December 2020
Awarded at Kshs. 5,197,500/- as the Respondent failed to produce records proving payment.
The employer bears the statutory duty to keep employment records. If the Claimant had been paid between April and December 2020, the Respondent would have produced bank records evidencing payment. No such record was availed. The Claimant therefore proved non-payment of wages as and when they fell due.
Limitation of claims for 2019 salary arrears and leave dues
Claims accruing more than three years before filing are barred under section 90 of the Employment Act; the 2019 salary arrears and the undifferentiated leave claim were not recoverable.
Section 90 limits employment claims to three years from accrual. The salary arrears from August to December 2019 fell outside the period. The leave claim covering 2016 to 2020 was also lost because the Claimant did not break down the amounts per year, so the 2020 portion could not be isolated within the limitation window.
Salary for January and February 2021
Refused; the Claimant left employment in December 2020 and rendered no services thereafter.
Although engaged for five years from March 2016, the Claimant left the Respondent's employ in December 2020. Wages are consideration for services rendered; since no services were offered in early 2021, there is no basis for payment for that period.
Legal principles established
#- A purported dismissal effected by a Governing Council that had already been dissolved is null and void.
- It is the employer's responsibility under the Employment Act to keep employment and payment records; failure to produce records showing payment means the claim for unpaid wages is proved.
- Contractual gratuity is enforceable where the employee completes the contracted service; it is not a discretionary favour.
- Claims for employment dues are limited to three years from accrual of the cause of action under section 90 of the Employment Act.
Court orders
#- 1.Judgment for the Claimant against the Respondent for salary arrears from April 2020 to December 2020 of Kshs. 5,197,500/-
- 2.Gratuity of Kshs. 4,987,500/- being 25% of total earnings of Kshs. 19,950,000/- for the 57 months served
- 3.Costs of the suit to the Claimant
- 4.Interest at court rates on the sums in (a) and (b) from the date of judgment till payment in full
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court Act, section 12 (including section 12(4) on costs)
Relief refused
#Salary arrears from August 2019 to December 2019 (Kshs. 2,887,500/-)
Time-barred under section 90 of the Employment Act
Unpaid leave dues from 2016 to 2020 (Kshs. 3,060,000/-)
Not payable as the Claimant did not delineate the precise amounts owed for each year to bring the 2020 claim within section 90 of the Employment Act
Unpaid salary for January and February 2021 (Kshs. 1,530,000/-)
The Claimant left the Respondent's employ in December 2020 and offered no services warranting payment
Costs
Costs of the suit awarded to the Claimant.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
As such, the purported dismissal was null and void.
The gratuity provided for in the contract of employment was not a favour to be paid if the Respondent felt like it. It was due and therefore the Claimant is entitled to the entire sum claimed as gratuity being 25% of the basic pay.
The Claimant would thus be entitled to the sums under this head as she proved the Respondent did not pay wages as and when they fell due.
Salary arrears from April 2020 to December 2020 – Kshs. 5,197,500/-
Gratuity – Kshs. 4,987,500/-
Interest at court rates on the sums in a) and b) above from the date of judgment till payment in full.
Issues in the judgment
#The Respondent's pleadings give inconsistent dismissal dates (10th March 2017 in the amended response; RW1 testified to dismissal on 6th March 2017).
The Respondent pleads that the Claimant's contract ran to 31st December 2020, yet she was allegedly dismissed in March 2017, positions the judgment does not reconcile.
The judgment awards salary for January-February 2021 but then denies it, and describes the Claimant as leaving in December 2020 while awarding gratuity for 57 months (which would run to about November 2020).
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amadi v Great Lakes University of Kisumu (Cause E071 of 2023) [2025] KEELRC 1438 (KLR)", Case Analysis (2025). Memorandum of Claim dated 15th September 2023 (ELRC, Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1438/eng@2025-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.