Maasai Mara University ordered to pay Ksh. 9.1 million to former part-time lecturers

Delivering the judgment, Justice Nzioki wa Makau held that the public university had repeatedly violated the academic staff members' constitutional right to fair administrative action under Article 47 by withholding their payments for a decade.

The petition was led by Benard Oichoe Kinara alongside 18 other former lecturers who taught at the university’s Kisii and Kilgoris satellite campuses between 2014 and 2016. 

Despite fulfilling their teaching duties during that period, they received no remuneration.

In July 2019, after years of unfulfilled promises, the lecturers escalated the matter to the Commission on Administrative Justice (CAJ), also known as the Office of the Ombudsman. 

The commission launched an investigation and determined that the institution had acted unreasonably in delaying the payments.

The Ombudsman quantified the accrued dues at Ksh. 9.1 million and issued a directive ordering the university to set up a settlement plan within 60 days and clear the balance within 12 months.

Despite repeated admissions of liability by Maasai Mara University over the years, payment failed to materialize. 

In December 2019, the university formally admitted in correspondence that over 80 percent of the lecturers' claims were genuine. 

The institution again acknowledged its financial obligation in September 2020 and noted it was engaging the petitioners for an out-of-court settlement. Later, in June 2021, appearing before the Ombudsman, the university’s Vice-Chancellor conceded to the claims but cited severe financial constraints and ongoing internal verification challenges.

The CAJ subsequently submitted a detailed report on the matter to the National Assembly on July 4, 2023. However, lawmakers took no action on the findings, prompting the lecturers to seek judicial intervention against both the university and Parliament.

In its defense, Maasai Mara University argued that the petitioners failed to provide proof of employment and framed the dispute as purely contractual. 

The National Assembly argued it lacked a direct statutory mechanism to enforce CAJ determinations without a specific non-compliance submission.

Justice Makau rejected the university's defense, noting that the institution brought the litigation upon itself through repeated failure to honor its commitments.

"The first respondent has brought this matter upon itself. From the correspondence before the court and the actions of the interested party directed to it, it is apparent the first respondent has breached constitutional rights of the petitioners... the right to fair administrative action under Article 47 has been abridged by the first respondent repeatedly," ruled Justice Makau.

While the court dismissed the case against Parliament - finding no jurisdiction to dictate internal legislative procedures - it ruled squarely in favor of the academics regarding the university's financial obligations.

In addition to settling the exact sum of Ksh. 9.1 million, Maasai Mara University was ordered to pay interest on the amount at standard court rates from the date of judgment until full payment, as well as bear all legal costs arising from the suit.