Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedConstitutional Petition No. E264 of 2025

Michael Mwangi Gachara v Kenyatta University

Employment and Labour Relations Court of Kenya
21 September 2026
5,794 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~23 min to read original · ~4 min brief

The bottom line

#

Kenyatta University acted unlawfully by stripping a lecturer of his directorship without reasons or a hearing, but he won only Kshs. 100,000 because he proved no financial loss.

What this practically means

#

Executive summary

#
The Petitioner, a Senior Lecturer at Kenyatta University, challenged the revocation of his appointment as Director, Endowment and Alumni Programmes (and the earlier revocation of two other directorships) without reasons or a hearing, claiming breaches of Articles 41 and 47, legitimate expectation, and reliance on Statute XXII and the Mwongozo Code. The Respondent argued the revocation was a lawful exercise of the Vice-Chancellor's statutory mandate, that the Petition was sub judice ELRC Petition No. E253 of 2025, raised no constitutional issue, and that claims were moot and unproved. The Court held the Petition met the Mutunga Rules and Trusted Society threshold since the Respondent could answer it precisely. It rejected the Respondent's Charter-based objection, holding that a chartered university is a state corporation bound by the Mwongozo Code, which has statutory underpinning. On the merits, Statute XXII limits revocation of a directorship to gross misconduct, incompetence or other good reason; the Respondent conceded no fault and offered no explanation and no hearing. The Court applied section 45 of the Employment Act by analogy and found that stripping an employee of rank without justification infringed the right to fair labour practices and fair administrative action, and accepted the legitimate expectation to complete the term absent just cause. However, the Court found no compensable loss: interim orders had preserved the office and emoluments until the fixed term lapsed on 31 July 2026, and loss of allowances is special damage requiring specific proof. The Petition partially succeeded; the Court awarded Kshs. 100,000.00 with costs at half scale.

Questions the Court framed

#

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

  1. 1.Whether this Petition meets the threshold of Constitutional Petitions
  2. 2.Whether the Respondent is bound by the provisions of Mwongozo
  3. 3.Whether revocation of the Petitioner's directorship amounts to unfair and unlawful infringement of his rights
  4. 4.Whether the Petitioner is entitled to the reliefs sought

Key legal issues

#
01

Whether the Petition met the constitutional petition threshold

Holding

The Petition satisfied Rule 10 of the Mutunga Rules and the substantive Anarita Karimi Njeru/Trusted Society test; the Respondent was able to answer it precisely.

Reasoning

Rule 10 of the Mutunga Rules prescribes disclosure requirements for petitions. The Court of Appeal in Trusted Society reformulated the Anarita Karimi Njeru precision requirement as a substantive test: whether the complaint gives proper notice of the claims so the respondent can prepare its case. Here the Respondent answered the Petition precisely, so no formal defect arose.

p. 17
02

Whether the Respondent is bound by the Mwongozo Code

Holding

Yes - Kenyatta University is a state corporation bound by Mwongozo despite its Charter.

Reasoning

Under section 2 of the State Corporations Act a chartered university qualifies as a state corporation; Mwongozo was promulgated under sections 7 and 30 of that Act and carries statutory underpinning. In Republic v Communications Authority (ICTAK) the court held no internal policy can supersede Mwongozo. The Charter argument was therefore unsustainable.

p. 20
03

Whether revocation of the directorship infringed the Petitioner's rights

Holding

Yes - the revocation without reason or hearing infringed Articles 41 and 47 and violated legitimate expectation.

Reasoning

Statute XXII limits revocation to gross misconduct, incompetence or any other good reason. The Respondent conceded no fault and tendered no explanation for the change, and no hearing was afforded. Applying section 45 of the Employment Act and fair-procedure principles, removal of additional responsibilities carrying income without justification breached fair labour practices and fair administrative action.

p. 23
04

Whether the Petitioner suffered loss of emoluments

Holding

No - interim orders preserved his office and emoluments, so no compensable loss was proved.

Reasoning

The status quo order of 23 December 2025 and the handover-stopping order of 7 January 2026 kept the Petitioner in office earning full allowances until the fixed term lapsed on 31 July 2026. Loss of allowance is special damage requiring specific pleading and proof, which was absent, and no evidence of the other two appointments' subsistence was adduced.

p. 23

Legal principles established

#
  • Stripping an employee of rank or position without proper justification breaches labour rights under Article 41 and the right to fair administrative action
  • A university is bound by the Mwongozo Code notwithstanding its Charter
  • A fixed-term directorship may be revoked only on the grounds in Statute XXII - gross misconduct, incompetence or any other good reason - after affording a hearing

Court orders

#
  1. 1.An award of Kshs. 100,000.00 to the Petitioner with costs at ½ scale

The bench

#

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

majority

Wrote the judgment

Jurisdiction invoked
Articles 41 and 47 of the Constitution - enforcement of fundamental rights and freedoms under the Employment and Labour Relations Court jurisdiction

Relief refused

#

Conservatory orders staying the revocation of the directorship appointment

Overtaken by effluxion of the fixed-term contract; no subsisting term to stay

Compensation for loss of emoluments from the three directorship appointments

Court orders of 23 December 2025 and 7 January 2026 preserved the office and emoluments; no loss proved; special damages not specifically pleaded and proved

p. 23

General damages of Kshs. 7,000,000/-

Only a modest award of Kshs. 100,000.00 was found appropriate

Declaration that the Respondent is obliged to apply the Mwongozo Code

Mwongozo held binding in principle, but no such declaration granted as a distinct order

Costs

Costs of the Petition awarded to the Petitioner at ½ scale

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.

In the circumstances the court is satisfied that an award of Kshs.100,000.00 is fair with costs at ½ scale.
p. 24Final orders - award and costs
purporting to strip off an employee's rank or position without proper justification, constitutes a breach of their labour rights under article 41 of the Constitution
p. 23Article 41 breach
In sum, the Respondent's contention that it is only bound by the Charter and not the Mwongozo is unsustainable.
p. 20Mwongozo applicability to chartered universities
The court is in agreement with the Petitioner's argument that he legitimately expected to complete his term. Unless removed for just cause.
p. 23Legitimate expectation to serve a fixed term

Issues in the judgment

#
minor

Judgment states Further Affidavit sworn 16th July 2026 yet contract lapsing 31st July 2026 is discussed; chronology compressed

material

Sub judice objection on ELRC Petition No. E253 of 2025 is fully argued but never expressly determined in the Analysis section

minor

Mootness argument on prayers (a), (b) and (bb) referenced as if made, though reliefs were lettered (i)-(viii); lettering inconsistency

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Michael Mwangi Gachara v Kenyatta University", Case Analysis (2026). Constitutional Petition No. E264 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2466/eng@2026-09-21

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