The Employment and Labour Relations Court has ruled that the University of Nairobi unlawfully dismissed Asibwa Buchichi, an employee who served as personal assistant to the university council chairman.
Justice Hellen Wasilwa found that the university terminated Buchichi's contract without following due process, rejecting the institution's claim that his employment ended automatically when the chairman left office.
Key Issues in the Case
- Buchichi was hired in January 2024 on a two-year fixed-term contract linked to the chairman of the university council.
- The university argued the contract ended when the chairman’s appointment was revoked and he resigned in 2025.
- Buchichi contended his employment was with the university as an institution, not tied to the chairman’s tenure.
- The court agreed that the University of Nairobi was the employer, not the individual chairman.
Court Findings and Ruling
- The dismissal was carried out while Buchichi was on approved leave, without a disciplinary hearing or valid reason.
- The court noted the personal hardship caused by the termination, including the risk of homelessness for Buchichi and his family.
- Justice Wasilwa ruled the termination was unfair and unjustified, violating Sections 41 and 45 of the Employment Act.
- The university failed to prove that the contract was automatically terminated by the chairman’s departure.
Compensation Awarded
- Sh769,585 for eight months’ salary as compensation for unfair dismissal.
- Sh160,025 in lieu of notice.
- Sh50,080 for breach of contract.
- The total compensation amounts to Sh1,429,610 plus interest and legal costs.
This judgment reinforces the importance of due process in employment terminations and clarifies that fixed-term contracts remain valid regardless of changes in office holders.
