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ELRCPartially AllowedNot stated in judgment (memorandum of claim dated 8th March 2024)

Thiongo v Egerton University (Employment and Labour Relations Cause E014 of 2024) [2025] KEELRC 1582 (KLR)

Employment and Labour Relations Court
30 May 2025
2,341 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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The Employment Court ordered Egerton University to pay a retired lecturer over Kshs 5 million in unpaid dues because its own witness statement admitted the debt.

What this practically means

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Executive summary

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The Claimant, a retired lecturer of Egerton University employed on 13th May 1987 and retiring around September 2023 on a gross salary of Kshs. 148,957.20, sued for unremitted pension deductions, unremitted loan deductions, deferred gross pay and deferred CBA arrears totalling over Kshs. 5 million. The Respondent raised a jurisdictional objection on pension matters and asserted financial constraints, but through the witness statement of Janet Bii (admitted by consent, with the claim determined on filed statements without calling witnesses) it acknowledged owing the Claimant unremitted pension, deferred pay and unremitted Standard Chartered loan deductions, though at figures lower than those claimed. Applying Choitram & Another v Nazari on admissions, the court held that the Respondent had acknowledged the debt and entered judgment for the full amounts claimed: Kshs. 2,537,193.74 (pension), Kshs. 1,871,637.30 (deferred gross pay), Kshs. 98,370 (CBA arrears) and Kshs. 526,688 (loan deductions), with interest at 14% per annum from the date of judgment until payment in full. Any other pension dues were to be pursued through the proper pension channel. Notably, although the Claimant succeeded, the court declined to award costs, ordering each party to bear their own costs. The judgment did not expressly determine the Respondent's jurisdictional objection. Dated, signed and delivered virtually at Nakuru on 30th May 2025 by Anna Ngibuini Mwaure, Judge.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the claim is merited

Key legal issues

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01

Whether the claim is merited

Holding

The claim succeeded on the strength of the Respondent's own witness statement admitting the sums owed, and judgment was entered for the Claimant on the claimed amounts.

Reasoning

The court relied on a consent admitting the Respondent's witness statement and determining the claim without calling witnesses. The witness statement of Janet Bii admitted outstanding pension, deferred pay and unremitted loan deductions. Applying the law on admissions (Choitram v Nazari), the court treated these as admissions binding the Respondent and entered judgment on the amounts claimed, notwithstanding the Respondent's assertion of financial distress and its jurisdictional objection.

p. 5
02

Jurisdiction over pension matters (raised by Respondent under Article 162(2) and Section 12(2) of the ELRC Act)

Holding

The court did not uphold the jurisdictional objection and proceeded to enter judgment including on unremitted pension deductions.

Reasoning

The Respondent submitted that the court lacked jurisdiction over pension issues, relying on Kenya Ports Authority v Industrial Court of Kenya. The court did not expressly rule on the objection but determined the claim on admissions and awarded the unremitted pension sums, implicitly treating employment-related pension deductions as within its remit.

Legal principles established

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  • An admission in pleadings or documents may ground judgment, including admissions in a party's witness statement that concede the debt owed.
  • Costs follow the event unless the court for good reason otherwise orders, but the award of costs is discretionary.

Court orders

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  1. 1.Payment of unremitted pension deduction meant for remittance to the Respondent's retirement pension scheme from October 2017 to June 2023 amounting to Kshs. 2,537,193.74/=
  2. 2.Payment of deferred gross pay in the sum of Kshs. 1,871,637.30/=
  3. 3.Payment of deferred CBA arrears in the sum of Kshs. 98,370/=
  4. 4.Payment of unremitted loan deductions to Standard Chartered Bank amounting to Kshs. 526,688/=
  5. 5.Interest on the above sums at 14% per annum from the date of Judgment till full payment
  6. 6.If there are any other pension dues owing to the claimant he should follow the right channel to pursue the same from the pension scheme
  7. 7.Each party to bear their own costs of the suit

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Article 162(2) of the Constitution read with Section 12(2) of the Employment and Labour Relations Court Act (jurisdiction raised by Respondent but the court proceeded to determine the claim)

Relief refused

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Costs of the suit

The court declined to award costs to the successful Claimant, instead ordering each party to bear their own costs despite the Claimant's reliance on Section 27(1) of the Civil Procedure Act and the principle that costs follow the event.

p. 6

Any other pension dues beyond the sum awarded

The court directed that any further pension dues must be pursued through the proper pension channel rather than this suit.

p. 5

Costs

Each party will bear their costs of this suit

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The Respondent therefore has acknowledged that it owes the Claimant his dues including his unremitted pension dues, gross pay and money deduced as his loan repayment and not yet paid to the Bank.
p. 5Admission of indebtedness
Flowing from the foregoing, this Honourable Court enters judgment in favour of the Claimant against the Respondent as follows:
p. 5Judgment on admissions
The claimant is entitled to interest on the above a-d at 14% per annum from the date of this Judgment till full payment.
p. 6Interest on awarded sums
Each party will bear their costs of this suit. Order accordingly.
p. 6Costs order (final orders)

Issues in the judgment

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material

The court awards the full claimed sum of Kshs. 2,537,193.74 for unremitted pension despite the Respondent's admitted witness statement pegging the admitted outstanding pension at a lower figure, without explaining the discrepancy.

material

The court awards the full claimed deferred gross pay of Kshs. 1,871,637.30 despite the Respondent's witness statement admitting only Kshs. 1,167,174.22, without explaining the discrepancy.

material

The court awards Kshs. 526,688/= for unremitted loan deductions as claimed, although the Respondent's witness statement admitted only Kshs. 460,852 for December 2020 to June 2021.

minor

The claim was stated as for the period October 2017 to September 2023 in the pleadings, but the orders refer to October 2017 to June 2023.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Thiongo v Egerton University (Employment and Labour Relations Cause E014 of 2024) [2025] KEELRC 1582 (KLR)", Case Analysis (2025). Not stated in judgment (memorandum of claim dated 8th March 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1582/eng@2025-05-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.