University of Nairobi ordered to pay former aide Sh1.4 million for wrongful dismissal

The Employment and Labour Relations Court has declared the dismissal of a University of Nairobi employee unlawful, awarding him Sh1.43 million after finding that the institution terminated his contract without due process.

Justice Hellen Wasilwa ruled that the university unfairly dismissed Asibwa Buchichi, who had been employed as personal assistant to the chairman of the university council, rejecting the institution's argument that his employment automatically ended when the chairman left office.

The judgment centred on whether Buchichi's fixed-term contract was tied to the tenure of the then council chairman, Prof Amukowa Anangwe, or whether it was an employment contract with the university itself.

The judge found that the employer was the University of Nairobi as an institution and not the individual office holder Buchichi served.

In her judgment, Justice Wasilwa also took note of the personal impact of the dismissal, observing that Buchichi had relocated his child from upcountry and faced the prospect of homelessness after losing his job.

Buchichi was appointed in January 2024 on a two-year contract as personal assistant to the chairman of council.

His employment came under scrutiny after Anangwe's appointment as council chairman was revoked in February last year, before he resigned in May that year.

While Buchichi was on approved leave, the university's registrar, Harrison Akala, telephoned him on May 29 before issuing a letter terminating his employment with effect from May 31.

Buchichi maintained that his role was an institutional position and not one attached to the individual occupying the chairman's office. He further argued that other employees working in the chairman's office remained in their positions after Anangwe's departure.

"The employer is the University of Nairobi and not the individual chairman," he said.

He argued that his dismissal was procedurally flawed and lacked a valid reason, saying the decision to terminate his employment while he was on leave demonstrated bad faith and procedural impropriety.

Court records show Buchichi told the court that throughout his employment he had diligently performed his duties without disciplinary issues, performance concerns or complaints from his supervisors.

He sought reinstatement or, alternatively, compensation for wrongful termination, unpaid allowances and general damages for discrimination.

The university opposed the claim, insisting that Buchichi's contract came to an end automatically once the chairman exited office.

It argued that the appointment was personal to the outgoing chairman and that the employment relationship had been frustrated by circumstances beyond the control of either party.

"The unilateral resignation and revocation of appointment of the chair of council unilaterally terminated the employer-employee relationship," the university said.

"It reiterates that the claimant's contract was frustrated by an unforeseen, supervening event not caused by either party, which rendered performance legally impossible or radically different from what was originally agreed."

The university further argued that staff who remained in the chairman's office had been substantively employed through competitive recruitment, unlike Buchichi, whose appointment it described as single-sourced.

However, Justice Wasilwa found that Buchichi's appointment letter clearly identified the University of Nairobi as his employer and contained no provision stating that his contract would lapse upon the chairman's exit.

"The insistence by the respondent that his term ended when the chairman to council resigned does not hold much weight," the judge ruled.

She further found that the university neither subjected Buchichi to a disciplinary hearing nor provided a valid reason for terminating his employment, contrary to Sections 41 and 45 of the Employment Act.

"Because the claimant was terminated without due process and without valid reason, I return the verdict that his termination was unfair and unjustified," Justice Wasilwa said.

The court awarded Buchichi Sh769,585, equivalent to eight months' salary, as compensation for unfair termination, Sh160,025 in lieu of notice and Sh50,080 for breach of contract, bringing the total award to Sh1,429,610.

The university was also ordered to pay the costs of the suit and interest on the award.